Pre-arraignment Meeting Law and Legal Definition. Arraignment is usually a criminal defendant’s first appearance in court or before a judge on a criminal charge. Pre-arraignment meeting could refer to a conference or meeting that is held within specific days of return of an indictment or unsealing of an indictment.
Purpose of arraignment At arraignment, the court formally informs a defendant of charges contained in an indictment or information, provides the defendant with a copy of the charging instrument, and takes the defendant’s answer to those charges in the form of a plea.
One may also ask, what is the difference between a first appearance and an arraignment? During the initial appearance, the judge typically asks the defendant if he will need public representation, has secured a private attorney or will be representing his own case. At an arraignment, the defendant’s attorney is typically present to help him enter in his official plea.
can you go to jail at an arraignment?
An arraignment is typically your first court hearing after you are arrested for a crime. If you are denied bail or it will take you time to obtain a bail bond, then you may return to jail after your arraignment.
How long can they hold you before arraignment?
If you are in custody the court has 72 hours to hold your arraignment hearing. This could be extended if weekends or holidays interfere with the time.
What happens when you plead not guilty at an arraignment?
If you have never been arrested, you might not understand the point of an arraignment hearing. If you plead guilty during the arraignment then you are sentenced and there is no need for a trial, but if you plead not guilty, further hearings to allow preparation for trial will be set.
Who is involved in arraignment?
The parties involved in an arraignment are the Judge and the defendant and his attorney if he has one at that time. In some courts, the prosecution is also involved.
Do you need a lawyer for an arraignment?
You can go to arraignment and plead not guilty, without an attorney; however, depending on whether you are charged with a misdemeanor or a felony, the steps and process will vary.
Is an arraignment open to the public?
During an arraignment, no juries are present. In the courtroom, one judge, the prosecutor, the defense counsel, and the defendant are present along with potential dozens of other defendants, their counsel, and other members of the public.
What happens at a formal arraignment?
At the formal arraignment, the defendant is told about the crimes they are accused of committing and informed of their rights, followed by asking the defendant whether what they plead in response to these charges: no contest, guilty, or not guilty.
Will I go to jail on my first court date?
On your first court date, you must either go to court or hire a lawyer to be there for you. If you miss your court date, the justice of the peace will order a bench warrant for your arrest. You can also be charged with failure to appear if you miss your court date.
What should I expect at a pre trial?
A pretrial hearing is a meeting between parties to a case that happens prior to the beginning of a trial. The parties involved may include the plaintiff and their attorney, the defendant and their attorney, and the judge or magistrate. At times, other parties may be included, as well.
What happens after an arraignment hearing?
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.
Do you get sentenced at arraignment?
Guilty. If a defendant pleads guilty to a very minor crime at arraignment, such as disorderly conduct, the judge may sentence the defendant at arraignment. If the case is more serious, the judge probably will set a sentencing hearing and request a pre-sentence report.
How much is bail for a felony?
Bail for felony crimes (e.g., robbery) typically ranges from $1,500 to $50,000 but skyrockets into the hundreds of thousands of dollars for very serious crimes and crimes committed under aggravating circumstances (violent offenses, etc.).
Do I have to show up to my arraignment?
You do not have to go to the arraignment, but you can go if you want. The court will not ask you to speak at the arraignment. The Assistant DA may ask you to speak at another hearing, later on. The Assistant DA will send you a witness summons telling you the date you are to appear and testify about the abuse.
Can you bond out on a felony charge?
As a general rule, bail for offenses classified as felonies is five to ten times the bail required for misdemeanors. The more serious and dangerous the crime, the higher the amount of bail is likely to be. As a general rule, a jailhouse bail schedule is inflexible.
Can case be dismissed at arraignment?
Simply put, at arraignment, the State will read the charges and the defendant will plead guilty or not guilty. The judge certainly won’t look at the evidence to determine if the state has enough to move forward. That dismissal may not necessarily be from a judge, rather it’s a Nolle Prosse (State’s Dismissal).
Can you bond out of jail on the weekend?
The short answer to the question, “can you bail someone out of jail on the weekend?” is: It depends on the crime and the situation. Certain offenses have a set bail amount (called the bail schedule). If the defendant meets all the criteria, they can usually be released over the weekend.