Question: Do You Go To Jail At Arraignment?

Do lawyers go to arraignment?

Typically, your first opportunity to ask the court to appoint a lawyer for you will be at your first court appearance, normally called your arraignment or bail hearing.

The judge will probably ask you whether you are represented by a lawyer..

What happens at a felony arraignment?

After a felony charge is filed, there will first be an arraignment where four things usually happen: The charge will be read to you, The Court will make certain that you have an attorney or are getting one, The Court will consider setting a bond by which you can secure your freedom pending trial, and.

What happens 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.

Can you go to jail at a 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.

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.

Can a felony charge be dismissed?

A felony case can be dismissed by motion of the prosecutor, the defendant’s attorney or the court . … Other ways for a defendant to get a felony charge dismissed is to go through trial and obtain a “not guilty” verdict or to attend a pretrial diversionary program.

What is an in jail arraignment?

An arraignment is a court proceeding at which a criminal defendant is formally advised of the charges against him and is asked to enter a plea to the charges. … Some states require arraignments in all felony and misdemeanor cases – any case in which the defendant faces possible incarceration, whether in jail or prison.

How long can they hold you in jail before arraignment?

48 hoursFollowing your arrest, the next step in the criminal process is the arraignment. California Penal Code section 825 requires that a defendant being held in custody for a misdemeanor or a felony must be brought before a judge “without unnecessary delay” and within 48 hours of his or her arrest, excluding Sundays and …

What can I expect at an arraignment hearing?

During the arraignment hearing the prosecutor or judge would read the charges to the defendant so he understood what he was being charged with and could, in response, decide if he needed to hire an attorney, gather up witnesses and other evidence or simply plead guilty.

Do I need a lawyer at my arraignment?

The arraignment is the first time a defendant appears in criminal court, and you do have the right to have your attorney present at an arraignment.

What is the main purpose of the arraignment?

An arraignment is usually the first part of the criminal procedure that occurs in a courtroom before a judge or magistrate. The purpose of an arraignment is to provide the accused with a reading of the crime with which he or she has been charged.

How do you convince a prosecutor to drop charges?

Consult an Attorney The attorney also can contact and try to convince the prosecutor to dismiss the charges or try to negotiate an agreement to dismiss. If you are charged with a crime, contact a local attorney immediately so that your attorney can address any possible grounds for dismissal.

Can a judge dismiss a case at an arraignment?

It is possible for the judge to dismiss your case during an arraignment if he or she sees you’re the officers and the prosecution have a shaky foundation on which to charge you. Your attorney could ask the judge to drop the charges against you by filing a motion prior to your arraignment.

How do you avoid jail time for a felony?

15 Key Steps to Avoid Prison on Felony ChargesRemain Silent, it’s your Right, use it! … Remain Calm; and Silent. … Hire Experienced Criminal Defense Counsel Immediately. … Do Not Discuss Your Case. … Understand your Charges. … First, Defense Attorney; Second, Bondsman. … Don’t lie to your Attorney. … Do not speak to your family or friends about your case.More items…•

Should I get a lawyer before being charged?

If you’re under investigation or anticipating being charged, you need a lawyer now. … You should hire an attorney as soon as you think you might need one. That goes double for clients who already know that an accusation has been made against them, or that police are already conducting an investigation.

Can charges be dropped at first appearance?

A charge can be dropped before or after a charge has been filed. You may need a charge dropped by the prosecutor, or you may need a charge dismissed by the prosecutor, though a court also can dismiss a charge if the prosecutor has made a fundamental legal error in the case.