What is the main purpose of the arraignment?

An arraignment is usually a defendant’s first court appearance in front of a judge and the prosecutor. The main purpose of the arraignment is to inform the defendant of the criminal charges against him or her.

Can charges be dropped at an arraignment hearing?

Criminal charges generally do not get dismissed at an arraignment. While prosecutors can dismiss a charge if there is a compelling reason to do so (for instance if they learn that a defendant was wrongly charged), in practice, they rarely do this. This is true with both misdemeanor charges and felony charges.

What occurs at an arraignment hearing?

An arraignment is typically the first court proceeding in a criminal case. At the arraignment hearing, defendants are advised of the charges that have been filed as well as their legal and constitutional rights. Afterward, they are given an opportunity to enter a plea of not guilty, guilty, or no contest.

Does an arraignment mean your going to jail?

At arraignments, people are taken into custody for 3 reasons: A Judge Orders Bail. In most cases, as we have our clients prearrange and qualify for bail, posting bail takes about 2-4 hours to post and then however long it takes the local jail to process you and release you.

What comes after arraignment?

In felony cases, after the arraignment, if the case does not settle or get dismissed the judge holds a preliminary hearing. At this hearing, the judge will decide if there is enough evidence that the defendant committed the crime to make the defendant have to appear for a trial.

What comes first arraignment or preliminary hearing?

Preliminary hearings and arraignments both occur before your trial, but have different purposes. The preliminary hearing is where the judge decides if there is enough evidence mounted against you for you to stand trial. The arraignment is where you can file your plea of guilty, not guilty, or no contest.

At what point can charges be dropped?

Criminal charges are usually dropped if the prosecutor or arresting officer believes that there is not enough evidence for the charge to hold up in court or that the facts of the case are not correct.

Is arraignment the same as sentencing?

An arraignment is a pre-trial proceeding, sometimes called an initial appearance. The criminal defendant is brought in front of a judge at a lower court. If the defendant enters a guilty plea, the judge may set a sentencing date.

Is evidence presented at arraignment?

The process is similar to a grand jury hearing in which evidence and testimony is offered by the prosecution but the defense does not usually present evidence. A preliminary hearing is held if the defendant pleads not guilty at his or her arraignment.

What is felony arraignment?

An arraignment is usually the first court hearing in a criminal case. At an arraignment hearing, the accused enters a plea (guilty, not guilty or no contest), the issue of bail and release is determined, and a future court date is set – usually for the pretrial or, in a felony case, the preliminary hearing.

How long is trial after arraignment?

No matter which one you’re facing, the 6th Amendment of the United States Constitution guarantees your right to a speedy trial. For misdemeanors where you’re being held in custody, your trial must be within 30 days following the arraignment date.

What happens in an arraignment?

An arraignment is the first time a defendant appears in court. At an arraignment, the judge tells the defendant what the charges are against him and his constitutional rights, and informs him that if he cannot afford to hire a lawyer, the court will appoint a lawyer free of charge.

What does arraignment mean for court?

DEFINITION of Arraignment. Arraignment is a court proceeding in which the defendant is read the charges in the indictment, and is asked to enter a plea. The arraignment occurs after the defendant is arrested and formal charges are levied.

What happens at a DUI arraignment?

What happens at your DUI Arraignment Hearing. Important things that usually happen at your arraignment include: You or your attorney will appear before a judge at your arraignment hearing. The Judge will read the charges against you. You can usually get a copy of your police report and find out your breath or blood test results at your arraignment.

How long is an arraignment?

In federal courts of the United States, arraignment takes place in two stages. The first is called the initial arraignment and must take place within 48 hours of an individual’s arrest, 72 hours if the individual was arrested on the weekend and not able to go before a judge until Monday.