Criminal cases sometimes entail a wide range of procedures and can become rather complex. An essential court date is the arraignment. However, what occurs during an arraignment? When does an agreement take place? And at arraignment, are you able to go to jail?
We’ll address these concerns, the legal ramifications of attending an arraignment, and the assistance that a criminal defense lawyer can provide in this blog post.
An Arraignment: What Is It?
The process of reading the allegations in the indictment to the defendant and asking them to enter a plea is known as arraignment. Arraignment takes place following the defendant’s arrest and formal charges being filed.
Before being deemed closed, court proceedings usually go through several phases. The first step in a civil action is for the plaintiff to submit a complaint to the court detailing their claims. Following that, the defendant gets a copy of the complaint along with a summons to appear in court.
At this point, the parties may choose to proceed with a private settlement or an alternative dispute resolution (ADR) process instead of a trial.
The courts have the authority to grant a summary judgment. Should the matter proceed to trial, the judge will render a verdict, which either party to the lawsuit may choose to appeal.
Can You Go to Jail at an Arraignment: During an Arraignment Hearing, what takes place?
The initial stage of criminal proceedings in a court of law is arraignment. After the arrest and booking, there is an arraignment. A judge will see the defendant’s arraignment. Next, the judge will:
- Formally read the charges against the individual referred to as the defendant
- Find out if the defendant wants a lawyer appointed by the court, if they are already represented by counsel, or if they want to hire one.
- The judge will ask the defendant to enter a plea of guilty, not guilty, no contest, or remain mute (which the court interprets as a not guilty plea) about misdemeanor charges. The court will automatically accept a not-guilty plea from the defendant if the charge against them is a felony.
- If bail has not been established previously, the court may occasionally set bail. The defendant would have the right to request a low bond sum or, if bail had already been set, to have the amount lowered by the judge if it had been imposed before the arraignment. A court takes into account several factors when deciding how much bail to set, including the defendant’s criminal history, threat to the community, employment history, and familial ties.
- It is possible to schedule future court dates. The date of the preliminary examination and the probable cause hearing will be provided to the defendant if they are being charged with a felon.
- Certain states mandate that courts inform defendants of their constitutional rights. A judge in Michigan will verify that the accused has read and signed an advice of rights sheet. This document advises a defendant of their rights, including the right to counsel, the right to a jury trial, the ability to summon witnesses, and the ability to cross-examine any witnesses who have testified against them.
Can You Go to Jail at an Arraignment? Is It Possible To Go To Jail During An Arraignment?
Yes, if the defendant is not in custody at the time of the arraignment hearing and the court sets bail at a sum they are unable to pay, they will be placed in jail.
The judge may sometimes revoke bail and send the defendant to jail if they have been breaking the terms of their release before the arraignment.
After Arraignment, What Takes Place?
The purpose of a pretrial conference is to consider a plea deal with the defendant following arraignment. The case is scheduled for trial if a plea agreement is not reached. If a plea agreement cannot be struck, the case may go to trial with a jury selected. A bench trial may be decided upon in certain situations.
If the defendant is facing felony charges, preliminary examinations and probable cause are required. The goal of status conferences is to try and work out a plea bargain. A trial is conducted and a jury is chosen if a plea agreement cannot be reached.
Several courthouses in West Michigan will permit your attorney to forego the arraignment if you pay them to defend you. It is possible to forego the arraignment for a misdemeanor offense in Allegan County district court.
In addition to requesting a jury trial and entering a not-guilty plea on your behalf, your attorney will also submit their presence and guarantee that the defendant won’t use drugs or alcohol while the case is underway.
The defendant cannot forgo their right to an arraignment if they are being charged with a crime. The hearing will require the defendant to appear in court.
At arraignment, should I enter a plea of guilty? If so, what happens next?
At their arraignment, a defendant should never enter a guilty plea. When facing a misdemeanor or felony charge, it is in the defendant’s best interest to get legal counsel. An attorney can frequently assist their client in obtaining a charge reduction or even a decrease in severity. A lawyer can frequently assist a client in obtaining a no-jail recommendation as part of a plea agreement for a minor case. At their arraignment, the defendant cannot enter a guilty plea if they are charged with a felony.
Arrest and the Legal Right to Counsel
A lot of people don’t have court-appointed counsel at their arraignment because they don’t face jail time or because of the defendant’s financial circumstances. The appointment of court-appointed counsel occurs only in situations where the judge feels that jail time may be necessary.
However, before using court-appointed counsel, you should think about speaking with knowledgeable lawyers like Shawn Haff. They can push for the greatest outcomes, inform clients, and deliver exceptional service. While many court-appointed lawyers might not have the time to respond to inquiries, Shawn Haff always returns calls right away and works to ensure that his clients receive the best possible results.
Last Words on Can You Go to Jail at an Arraignment:
The criminal process is just beginning for the defendant during the arraignment. Defendants should always enter a plea of not guilty and then look for knowledgeable counsel as quickly as feasible.