Question: What Does Arraignment Mean In Court For A Felony?

What happens at a felony arraignment?

At an arraignment hearing, the accused enters a plea (guilty, not guilty or no contest), the issue of bail and release is determined, and a future court date is set – usually for the pretrial or, in a felony case, the preliminary hearing..

How do you fight a felony charge?

How to Fight a Felony ChargeUtilize Your Right to Remain Silent.Immediately Obtain the Assistance of an Experienced Attorney.Understand the Charges You are Facing.Be Honest With Your Lawyer.Avoid Discussing Matters With Family or Friends.

What happens at a first appearance in court?

Initial Appearance – This is the defendant’s first appearance in court, and the defendant is advised of the charges. The judge appoints an attorney if the defendant cannot afford one. … The judge—or at the defendant’s request, a jury—can hear evidence on the charges and find the defendant guilty or not guilty.

What is the point of an arraignment?

At arraignment, the court formally informs a defendant of charges contained in an indictment or information, provides the defendant with a copy of the charging instrument, and takes the defendant’s answer to those charges in the form of a plea.

Is it better to plead guilty or not guilty?

You should definitely plead NOT GUILTY to your criminal or traffic charge! … The criminal justice system is designed for you to plead “Not Guilty.” This is the case because in America you are considered innocent until the prosecutor can prove you guilty beyond a reasonable doubt.

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.

Can more charges be added after arraignment?

The police cannot bring or add charges to anyone. Only the District Attorney can do this. If they get additional evidence, they can add additional charges. But, you must be arraigned anew on each new charge.

How long can they hold you before arraignment?

48-hoursUnder California law, because of your right to a speedy trial, you must be arraigned within 48-hours of your detention, not including counting non-business days, such as holidays or weekends, or times when the court has to close.

How long does an arraignment take?

Despite the Supreme Court ruling that initial appearances that are combined with probable cause hearings must be held within 48 hours of arrest, many jurisdictions provide a 72-hour window for arraignment. This allows for the timely arraignment of defendants nabbed over the weekend.

Do all felonies require jail time?

Felonies are the most serious type of criminal offense. A felony conviction, like a misdemeanor conviction, may not result in time behind bars. … But felonies carry potential imprisonment that ranges from time in prison (a year is often the low end) to life in prison without parole or even death.

Do first time felony offenders go to jail?

Felony crimes are punishable by prison time and sometimes a fine. … For example, many misdemeanors can come with up to one year of jail time. First-time offenders, however, often get their entire jail sentence suspended, meaning they serve no time in jail.

Can you get sentenced at an arraignment?

If a defendant pleads guilty to a very minor crime at arraignment, such as disorderly conduct, the judge may sentence the defendant at arraignment. … If the case is more serious, the judge probably will set a sentencing hearing and request a presentence report.

What are the 5 pleads that a person can enter?

Types of Criminal PleasGuilty. Guilty is admitting to the offense or offenses. … Not Guilty. Pleading not guilty is perhaps the most common plea entered in criminal court. … No Contest. A no contest plead means you neither agree or disagree with the charges against you, and you are just pleading to close the case. … Withdrawing a Plea.

What does court arraignment mean?

An arraignment is a hearing. It is where the court formally charges the person who abused you with the crime. If the person who abused you is arrested and the District Attorney files a criminal complaint against them, the first thing that will happen in court is the arraignment.

What happens next after an 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 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 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.

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.

How do you avoid jail time for a felony?

California Probation for Felonies Judges are allowed to impose probation for most California felonies. Probation is a common way of avoiding a sentence. Defendants who receive probation remain in the community, although a term of jail confinement is sometimes imposed as a condition of probation.

How long after formal arraignment is sentencing?

The time period between these dates varies from County to County, but typically range between 45 and 60 days from Formal Arraignment.

What happens if you plead guilty at a formal arraignment?

3) During an arraignment, the prosecution may decide if they are going to try your case or not. If you plead guilty during the arraignment then you are sentenced and there is no need for a trial, but if you plead not guilty, further hearings to allow preparation for trial will be set.