In some states, an arraignment includes setting conditions of release, if necessary. In deciding whether to release the defendant pending completion of the case, courts primarily consider:. Criminal defendants usually have the option to waive arraignment, especially if a defendant has an attorney. Defense counsel can facilitate this process by communicating with the prosecutor and the court and submitting a waiver of arraignment in writing.
In some cases, the attorneys work out an agreement as to the conditions of release and submit it to the court with documents waiving arraignment. In other cases, the court allows the defendant to waive arraignment and schedules a separate hearing on conditions of release.
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If you are arrested or receive a notice of arraignment, contact an attorney immediately. A knowledgeable attorney can give you information about the arraignment process in your state and discuss your options with you. Having counsel represent you at arraignment can reduce the stress of the arraignment process for you and ultimately might make a difference in what conditions of release the court imposes. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
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Search Term. Criminal Arraignment: What to Expect. The arraignment is often the first court appearance following an arrest or criminal citation.
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Here's what happens. What is an Arraignment? When Does Arraignment Occur? Advising the defendant of his constitutional rights In some states, courts are required to advise defendants of certain constitutional rights at arraignment, such as the right to trial, the right to counsel and the right against self-incrimination. Advising the defendant of the charges against him At arraignment, the court must inform the defendant of the charges against him.
Entering a Plea Once the court has advised the defendant of the charges against him, the judge will ask how he pleads to those charges. Not guilty. Defense attorneys usually recommend that criminal defendants plead not guilty at arraignment, and defendants often do plead not guilty. This requires the prosecutor to gather the evidence against the defendant and gives the defense an opportunity to review the evidence, investigate the case, and determine whether the evidence proves that the defendant committed the crime.
A not guilty plea means simply that the defendant is going to make the state prove the case against him. If a defendant pleads guilty to a very minor crime at arraignment, such as disorderly conduct , the judge may sentence the defendant at arraignment. The prosecutor and the defense attorney may negotiate the guilty plea and agree on a sentence during the arraignment.
If the case is more serious, the judge probably will set a sentencing hearing and request a pre-sentence report. No contest "nolo contendere".
If a defendant pleads no contest, he acknowledges that the prosecutor has enough evidence to prove he committed a crime but does not admit guilt — in other words, that he did it. When a defendant enters this plea at arraignment, the court proceeds in the same way it would proceed if the defendant pleaded guilty.
Setting conditions of release In some states, an arraignment includes setting conditions of release, if necessary.lastsurestart.co.uk/libraries/jailbreaking/668-what-is-the.php
Being released on your own recognizance "ROR" or "OR" means you are released on the basis of your promise to report for trial and any other court proceedings in your case. Courts usually release defendants ROR only in minor criminal cases or when the defendant has a minimal record of prior criminal offenses, if any, and a permanent local address and employment.
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Bond or bail. If the judge requires that a defendant post bond or bail, the defendant must post money with the court in order to be released pending completion of the case.
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