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.

What happens after a formal arraignment?

After the Formal Arraignment Following the formal arraignment, the defendant and the defendant’s criminal defense attorney appear for a pretrial conference. Assuming a defendant does not decide to plead guilty, the case then proceeds to the trial phase. If the defendant is found guilty, a sentence is handed down.

What comes after arraignment in the criminal justice system?

If a defendant pleads guilty during the arraignment, they skip straight to sentencing. The arraignment is also when bail and your next court appearance is set.

What happens if you plead not guilty at an arraignment?

If a defendant pleads not guilty, the prosecutor must gather the evidence against the defendant and then give the defense an opportunity to review the evidence, investigate the case, and determine whether the evidence proves that the defendant committed the crime.

What is the main purpose of the arraignment?

An arraignment is usually a defendant’s first court appearance in front of a judge and the prosecutor. The main purpose of the arraignment is to inform the defendant of the criminal charges against him or her.

Can charges be dropped at an arraignment hearing?

Criminal charges generally do not get dismissed at an arraignment. While prosecutors can dismiss a charge if there is a compelling reason to do so (for instance if they learn that a defendant was wrongly charged), in practice, they rarely do this. This is true with both misdemeanor charges and felony charges.

Can you plea bargain at an arraignment?

Usually, those facing DUI charges in California are advised to plead “not guilty” at their arraignment, but there are plenty of exceptions. If you or your attorney has been able to work out a plea bargain, pleading “guilty” at the DUI arraignment will be required to take advantage.

Can you get sentenced at 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.

What does arraignment mean in court for a felony?

An arraignment is usually the first court hearing in a criminal case. 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.

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. If the defendant enters a guilty plea, the judge may set a sentencing date.

What happens at the arraignment of a criminal defendant?

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. In many states, the court may also decide at arraignment whether the defendant will be released pending trial.

Can a person be released from jail after an arraignment?

If the police do not want to pursue it, you may be released. In terms of a DUI, you may be let go if your blood alcohol test comes back under the legal limit. You also may be released and given a court summons to return for an arraignment at a later date.

When do you go to an arraignment hearing?

An arraignment is typically your first court hearing after you are arrested for a crime. It may occur the same day or the day after you are arrested and is an essential part of the criminal court process.

Can a sentence be postponed after an arraignment?

Sometimes, however, execution of sentence can be postponed after sentence is pronounced and the court gives a date for the defendant to surrender himself for sentencing. This is usually done in cases where long prison time is to be imposed and defendant desires to get his affairs in order.