For most people facing a DUI or any other criminal accusation, the main objective is to avoid going to jail. The good news is that most clients of a skilled criminal defense lawyer can avoid jail time if they retain legal representation as soon as possible in the case.
Although no criminal defense attorney is allowed by ethics rules to guarantee that your case will be dropped or that you won’t go to jail, in the majority of misdemeanor cases, a very skilled defense attorney can give you a good estimate of whether you will go to jail or be taken into custody upon your arrest.
Arraignment: What is it?
In a criminal case, the first step is an arraignment, where the defendant appears before the court to hear the allegations against them and enter a plea.
Refer to, for example, Godinez v. Moran, 509 U.S. 389 (1993), and County of Riverside v. McLaughlin, 500 U.S. 44 (1991).
Understanding Arraignment
Before being deemed closed, court proceedings usually go through several phases. A civil action begins with the plaintiff filing a complaint with the court outlining their allegations. The defendant then receives a copy of the complaint and a court appearance summons.
At this point, the parties can choose to use an alternative dispute resolution (ADR) procedure or come to a private settlement to avoid going to trial. Summaries of judgments are enforceable by the courts. If the case goes to trial, the judge will issue a verdict, which either party may decide to appeal.
Does an Arraignment Put You in Jail?
Sure, the defendant will wind up in jail if they are not in custody at the time of the arraignment hearing and the judge sets bail at a level they cannot afford. If the defendant has been disobeying the conditions of their release before the arraignment, the judge may occasionally revoke bail and place them in jail.
In California, is jail time possible at an arraignment?
A preliminary hearing is the next stage, during which the judge will consider preliminary evidence and decide whether or not to proceed with the case. A preliminary hearing is not the same as an arraignment; unless you are already in custody, you do not go to jail during an arraignment.
The Distinctions Between Misdemeanors and Felonies
The dates of the defendant’s probable cause conference and preliminary examination are the only significant distinctions between felony and misdemeanor arraignments. A prosecution must establish each element of the offense the prisoner is accused of at a preliminary examination, which is a “mini-trial.”
The burden of proof during a preliminary examination is substantially less than that during a trial. All the prosecutor has to do is prove that there was probable cause for the crime to occur and that the defendant was most likely the one who committed it.
What Occurs Following Arraignment
A pretrial conference’s goal is to discuss a plea agreement with the accused after arraignment. If a plea deal is not made, the matter is sent for trial. If a plea deal cannot be reached, a jury may be chosen to try the case.
Certain cases may elect to proceed with a bench trial. Probable cause and preliminary examinations are necessary if the defendant is being charged with a felony. The purpose of status conferences is to attempt to negotiate a plea agreement. If a plea deal cannot be made, a trial is held and a jury is selected.
Waiver Of Arraignment
If you pay your attorney to represent you, several courthouses in West Michigan will allow them to skip the arraignment. In Allegan County district court, there is an option to skip the arraignment process for a misdemeanor charge.
In addition to pleading not guilty and asking for a jury trial on your behalf, your attorney will also swear that the defendant will refrain from using drugs and alcohol during the legal proceedings. If the defendant is facing criminal charges, they cannot waive their right to an arraignment. The defendant must show up in court for the hearing.
What Would Happen If I At Arraignment Plead Guilty?
A defendant should never enter a guilty plea during their arraignment. Obtaining legal representation is highly advantageous for the defendant when facing a misdemeanor or felony accusation. A lawyer will often be able to help his or her client get a charge reduced, or perhaps less severe.
An attorney can sometimes help their client obtain a recommendation to avoid jail time as part of a plea deal in a minor case. If the defendant is facing a felony accusation, they are not permitted to enter a guilty plea during their arraignment.
Can you go to jail at an arraignment? Scheduling and the Legal Right to Assist
Due to their lack of jail time or their financial situation, many persons do not have court-appointed counsel at their arraignment. Judges only appoint court-appointed lawyers when they believe that jail term may be appropriate. Shawn Haff is one of the educated attorneys you should consider speaking with before choosing a court-appointed counsel.
They can educate clients, strive for the best results, and provide outstanding service. Shawn Haff always responds to calls promptly and strives to get the best outcomes for his clients, whereas many court-appointed attorneys do not have the time to answer questions.
Attorneys Selected by the Court for Arraignments
In the State of Michigan, certain district courts began using court-appointed counsel to represent individuals just at the arraignment, starting around 2019. We refer to this as a limited appearance. After your arraignment, this person will not be your legal representation.
The court-appointed counsel defending you at your arraignment is frequently an intern or a recent law school graduate. Don’t enter a guilty plea without first consulting a knowledgeable criminal defense attorney! Advise the judge that you intend to retain legal representation. Recall that you will receive inexpensive outcomes if you cut corners.
FAQs on Can you go to jail at an arraignment:
In California, how long does it take to receive a court date for a felony?
Whether the defendant is in jail or not affects how long it takes to get a court date for a felony. In some cases, an initial court date can be arranged within days or weeks, despite the longer waiting period for more serious cases.
What takes place in Texas at a felony arraignment hearing?
In Texas, after reading the charges, the judge will inquire if the individual would like to be assigned an attorney. The judge will select your counsel if you are eligible for court-appointed counsel. After then, you have the chance to enter a plea in response to the accusations made against you.
Can Texas dismiss a felony case?
The only people who can dismiss a criminal case are the judge and the prosecutor. The prosecutor has the authority to dismiss the accusation if they believe the circumstances and facts support it.
Last Words of Can you go to jail at an arraignment:
The criminal process for the accused begins at the arraignment. Defendants should always enter a plea of not guilty and seek competent legal representation as soon as is practical.
