Quick Answer: Does Arraignment Mean Jail?

What comes after 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..

What do you do at an arraignment?

At an arraignment in court, the judicial officer will explain what the charges are, inform you of your rights, and ask you if you want to plead guilty, not guilty, or no contest (also called “nolo contendere”).

Is arraignment the same as sentencing?

An arraignment is a pre-trial proceeding, sometimes called an initial appearance. The criminal defendant is brought in front of a judge at a lower court. … A trial date is established. If the defendant enters a guilty plea, the judge may set a sentencing date.

What crimes can you not get bail for?

Severe Crimes If a person has committed a severe crime, such as murder, or is seen as a threat to society, bail will automatically be denied. In many cases the suspect who has committed more serious offenses will have alternative punishments that go beyond a short sentence in jail and is not seen as bailable.

Can someone get out of jail before arraignment?

You can bail someone out before the arraignment. Depending on the situation, it is possible that the person would be released on what is called “O.R. release” by the Judge. … If you do bail someone out, then they would potentially be able to stay out of jail during the proceedings on that same bail already posted.

How do you convince a judge to not go to jail?

Tips for Speaking in Front of the JudgeBe yourself. Well, at least be the best version of yourself. … Do not lie, minimize your actions, or make excuses. … Keep your emotions in check. … The judge may ask you when you last used alcohol or drugs. … Be consistent. … The judge may ream you out.

Can charges be changed after arraignment?

The indictment can be amended at any time with leave of the court or the consent of the accused: s 20. The amendment can include the addition of further charges.

Can you get bail before arraignment?

Bail Schedules In many areas of the country, defendants can post bail with the police even before they are brought to court for a bail hearing or an arraignment. Many jails have posted bail schedules, which specify bail amounts for common crimes.

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.

Why plead not guilty when you are?

By pleading not guilty, the criminal defendant buys time. … The criminal defense lawyer may explain the defendant’s rights. He or she may be able to work on motions to keep damaging evidence from being entered and to show that the prosecution does not have sufficient evidence to establish the defendant’s guilt.

Do you go to jail at arraignment?

At arraignments, people are taken into custody for 3 reasons: A Judge Orders Bail. … In most cases, as we have our clients prearrange and qualify for bail, posting bail takes about 2-4 hours to post and then however long it takes the local jail to process you and release you.

What happens at criminal arraignment?

An arraignment is a criminal proceeding where the defendant is called before a judge in a court, informed of the charges (either in writing or orally, but usually just in writing) and asked to enter a plea of not guilty, guilty or no contest.

What happens if you go to trial and lose?

Your lawyer can tell you what to expect in the event you lose your case based on his experience with that judge and that judge’s reputation. … These judges usually do everything they can to get rid of the case prior to trial. So, if you make them go to trial, and you lose, you might pay the price.

How long after arraignment is sentencing?

If you are being held in custody on a misdemeanor charge, you are entitled to a trial date no later than 30 days following the date you were arraigned or entered a plea, whichever is later. If you are not being held in custody, the court must set trial within 45 days following your arraignment or plea.

What happens if you plead not guilty but are found guilty?

The defendant can change their plea from not guilty to guilty at any time. If the defendant decides to plead guilty before the trial, you won’t be required to give evidence in court. … If the defendant pleads guilty or is found guilty after the trial, they will be sentenced by the court.