Last Updated on: 26th July 2023, 10:03 pm

Arraignment: What to Expect After Being Released on Bail or Recognizance

Relief may wash over you as you are released on bail or recognizance, but your legal troubles are far from over. You are likely eager to face a judge and learn the specifics of the charges against you. This first appearance is known as an arraignment, serving as a crucial judicial checkpoint to ensure that law enforcement cannot indefinitely detain suspected criminals.

The Timing of Your Arraignment

The schedule of your arraignment may vary depending on the jurisdiction. While some states have established a specific timeframe, others simply aim to prevent unreasonable delays following an arrest.

What to Expect During Your Arraignment

During your arraignment, you can expect to be advised of the charges against you and informed of your constitutional rights. Additionally, the court may ask about your plans to hire an attorney or use a public defender. The court will also make decisions on your plea, bail, and any conditions for your release during the resolution of your case. This could include travel restrictions or a ban on contacting the alleged victim. Your arraignment will also determine future proceedings, such as a plea negotiation or a preliminary hearing.

Entering a Plea at the Arraignment

At the start of legal proceedings, the court will ask you to enter a plea for the crime you are accused of committing. This could happen at your first court appearance or a later arraignment. Most defendants choose to enter a “not guilty” plea, as it gives them more options in the future. However, entering a “no contest” or “guilty” plea means that the plea cannot be changed later in the proceedings. Many defendants choose a “not guilty” plea due to the absence of a lawyer, lack of discovery information, or uncertainty about the consequences of a conviction.

Representing Yourself During the Arraignment

Some defendants choose to represent themselves during the arraignment. While this is an option, it may not be the best choice for those facing criminal charges. There may be technical defects in the prosecution’s case, and you could have the right to raise them before entering a plea. However, this may only be possible with the help of a lawyer. Additionally, some prosecutors offer better deals to defendants who enter a “no contest” or “guilty” plea at the arraignment. Without legal representation, you may miss out on such opportunities and face harsher punishments as the case progresses. Furthermore, judges may be more inclined to reduce bail when a defendant is represented by an attorney.

Consulting with a Criminal Defense Lawyer

If you have recently been arrested and charged with a crime, it is important to seek the help of a criminal defense lawyer as soon as possible. At Spodek Law Group, our experienced attorneys can guide you through every step of the court process.

What is an Arraignment and Why is it Important?

The first appearance before a judge, known as an arraignment, serves a crucial purpose. With judicial oversight, this process ensures that law enforcement cannot indefinitely detain individuals suspected of a crime. The timeframe for an arraignment varies across different jurisdictions, with some setting specific deadlines and others simply aiming to prevent unreasonable delay after arrest.

What to Expect During the Arraignment

At the arraignment, you will be advised of the charges against you and informed of your constitutional rights. During this crucial court appearance, the court may also:

Advise on Legal Representation

Ask if you plan to hire an attorney or use a public defender.

Accept Your Plea

Determine your plea, whether it be “guilty,” “not guilty,” or “no contest.”

Determine Bail and Release Conditions

Decide if bail is appropriate and, if so, at what amount. The court may also establish conditions for your release pending resolution of your case, such as travel restrictions or a ban on contact with the victim.

Set Future Court Dates

Establish dates for further proceedings, such as a preliminary hearing or plea negotiations.

Entering Your Plea at the Arraignment

At the early stages of legal proceedings, the court will ask for your plea regarding the crime you have been charged with committing. This may happen at your first court appearance or a later arraignment.

Why Most Defendants Plead “Not Guilty”

Most defendants enter a “not guilty” plea, regardless of the charges. This is usually the wisest choice, even though the plea can be changed later in the proceedings. Conversely, entering a “no contest” or “guilty” plea cannot be altered. Some defendants who initially plead “not guilty” may switch to another plea after reaching a deal with the prosecution through their attorney.

Reasons for pleading “not guilty” can vary, but may include:

Lack of Legal Advice

Not having a lawyer present at the arraignment to receive legal advice on the best course of action.

Lack of Evidence Information

Lack of discovery information related to the prosecution’s evidence, including the police report, which is typically the most important part.

Uncertain Ramifications of the Plea

Uncertainty about the consequences of a plea, especially if facing the arraignment without legal representation. A conviction could have severe repercussions, so it is unwise to surrender your freedom without full knowledge of the outcome.

Representing Yourself at the Arraignment

While some defendants choose to represent themselves at the arraignment, this is not always the best option when