Being arrested can be a stressful and overwhelming experience, and not knowing the process of what happens after the arrest can make the situation even more difficult to grasp. You can help advocate for yourself by understanding what happens at the arraignment, which is your first court appearance before a judge after your arrest. Keep the following three points in mind when facing an arraignment.
Determining Legal Counsel
Before you are charged and given the option to enter a plea, you'll be asked whether or not you have legal counsel. If you have already hired an attorney, he or she should be at the arraignment hearing. In the event that you aren't able to afford an attorney but you want legal representation, the judge can appoint a public defender for you. You can ask for a continuance of the hearing if you are planning on hiring an attorney or if you need to consult with your attorney before entering a plea.
Hearing the Charges
One of the main purposes of the arraignment is to allow the prosecutor to formally charge you with a crime. The judge will read the list of the charges, which will be entered into the court record. This does not mean you will be given the details of the crimes you are charged with as the charges are read, but the prosecutor will typically hand over any records or police reports during the arraignment. This documentation can help you to understand what you are being charged with. Once the charges are read, you will be asked to enter a plea. In addition to pleading guilty or not guilty, you can also plead no contest, or nolo contendere. There are many nuances to this type of plea, but it essentially means that you stipulate to the facts of the case, but not to your guilt.
Setting Bail
Once your plea has been entered, the judge will decide upon bail in your case. You may be released on your own recognizance, or OR. This means you won't have to pay any bail, but you will still have to appear at all court proceedings to remain out of jail. If the judge sets a bail amount in your case, the cash or bond will have to be posted before you can be released from jail. In some more serious cases, the judge may decide to remand you to the custody of the local jurisdiction, which means you won't have the option for bail. Your defense attorney can help to argue the merits of offering OR or bail in your case, which is a good reason why you should consider hiring a criminal defense attorney.
At the end of the arraignment, you'll likely be given a date to return to court. In the time leading up to your next hearing, you and your lawyer can begin mounting your defense case. Consider contacting a local attorney, such as Robert E Long & Associates Ltd, to discuss any questions you might have about the arraignment or any other proceedings so you can help advocate for your own defense.
