Facing criminal charges can be overwhelming, with emotions like fear, stress, and confusion running high. Your first court appearance, called an arraignment, is a critical step in the legal process. Understanding what happens at an arraignment hearing—and what follows—can help you feel more prepared and confident. Here’s a detailed look at the top things you need to know about arraignment hearings.
What Does an Arraignment Mean?
An arraignment, by definition, is your first hearing in court after being charged with a crime. This initial hearing officially begins the criminal court process and involves:
- Informing You of Criminal Charges: The judge will read the charges against you and explain the potential penalties, including fines or incarceration.
- Advising You of Defendant Rights: The judge will explain your legal rights during the criminal process.
- Entering a Plea: You’ll have the opportunity to plead guilty, plead not guilty, or plead no contest.
Tip: Arrive on time, dress appropriately, and be respectful to everyone in the courtroom to make a good impression.
What Defendant Rights Are You Informed of at an Arraignment?
At your arraignment hearing, the judge will outline your legal rights, which include:
- Right to Counsel: You have the right to an attorney. If you cannot afford one, the court will appoint a public defender.
- Right to a Fair Trial: The state must prove your guilt beyond a reasonable doubt.
- Right to Present Evidence: You can provide witnesses, documents, photos, or other evidence to support your defense.
- Right to Cross-Examine Witnesses: You can question witnesses who testify against you.
- Right to a Preliminary Hearing (Felony Cases): For felony charges, the court must determine if there’s enough evidence to proceed to trial.
Knowing your rights is essential to navigating the legal process effectively.
Who Is Present at an Arraignment?
The key participants in an arraignment include:
- The Defendant: That’s you.
- The Judge: Presides over the hearing and ensures legal procedures are followed.
- Prosecutor: Represents the state and presents the criminal charges.
- Defense Attorney: Advocates for your rights and advises you during the process.
What Plea Should You Enter at an Arraignment?
At your arraignment, you’ll be asked to enter one of three types of pleas:
- Pleading Guilty: Admitting to the charges as presented.
- Pleading Not Guilty: Denying the charges and requiring the prosecution to prove its case (later, at your trial).
- Pleading No Contest: Not disputing the facts but not admitting guilt; often used to avoid civil liability.
Tip: Consult with an attorney before entering a plea. If you haven’t retained one, request a continuance to seek legal advice.
Will the Judge Address Bail & Bond?
In many cases, if you were arrested at the crime scene or from an arrest warrant, the judge will discuss your bond or bail conditions during the arraignment. This can include:
- Posting Bail: A monetary amount required for release. In Nebraska, this is often 10% of the bond amount.
- Personal Recognizance (PR) Bond: Being released without monetary payment, based on your promise to appear.
- Pretrial Monitoring: Conditions like electronic monitoring or regular check-ins.
The judge may also impose restrictions, such as avoiding contact with certain individuals or remaining within the state.
What Happens If You Miss Your Arraignment?
Failing to appear for your arraignment can have serious consequences, including:
- Issuance of a Bench Warrant: The judge may order your arrest.
- Forfeiture of Bail: If you posted bail, it could be forfeited.
- Additional Charges: You may face new charges for failing to appear in court.
Always prioritize attending your arraignment hearing, and if an emergency arises, notify the court or your lawyer immediately.
What Happens After an Arraignment?
Following your arraignment, the next steps in the criminal process may include:
- Pretrial Hearings: Address procedural issues and evidence.
- Plea Bargaining: Negotiating with the prosecutor for reduced charges or sentencing recommendations.
- Trial Preparation: Building your defense if your case proceeds to trial.
An experienced attorney can guide you through each of these stages.
Do You Need a Lawyer for an Arraignment?
Yes, having a lawyer for arraignment is highly recommended. A defense attorney can:
- Advise you on how to plead.
- Request favorable bail conditions.
- Explain the charges and penalties in plain language.
- Protect your rights throughout the process.
If you cannot afford an attorney, request a public defender during the arraignment.
More FAQs About Arraignments
Can You Go to Jail at an Arraignment?
Yes, you can go to jail at an arraignment. If you can’t afford the bail amount set, you’ll be held in jail until your trail. If the judge believes you’re a flight right or a danger to the community or for serious crimes, they may deny bail or set a very high amount to keep you in jail.
Can Charges be Dropped at an Arraignment Hearing?
Yes, charges can be dropped at an arraignment hearing, but charge dismissal at arraignment is very rare. Primarily, the prosecutor has the power to drop charges, which they may do if:
- New evidence emerges that exonerates the defendant.
- They believe they lack sufficient evidence for a conviction.
- They reach a plea agreement with the defense, where some charges are dropped in exchange for a guilty plea or lesser charges.
- The judge finds significant procedural errors or constitutional violations.
What Happens If You Plead Guilty at an Arraignment?
If you plead guilty at an arraignment, you waive the right to trail, to confront your accusers, and compel witnesses to testify in your defense. You acknowledge your guilt and accept the consequences, which could include jail time, fines, probation, restitution, or community service. The judge will usually proceed with sentencing immediately. Please consult with an attorney before pleading guilty at an arraignment to understand the consequences and procedure.
What Does It Mean to Waive an Arraignment?
Waiving an arraignment means you acknowledge the charges and your rights without attending the hearing. This usually requires the assistance of an attorney.
Is Bail Always Addressed at an Arraignment?
No, sometimes bail is set during an earlier bond hearing. However, you can request a bond review at your arraignment.
What Should You Wear to an Arraignment?
Dress conservatively and respectfully, as your appearance can influence how the judge perceives you.
This article should not be construed as legal advice. Situations are different and it’s impossible to provide legal advice for every situation without knowing the individual facts.
If you need a criminal defense attorney services for an arraignment hearing or simply need advice on properly handling the criminal process, contact Hightower Reff Law to get more information or schedule a consultation.
