An arraignment is brief court hearing that starts the process of criminal prosecution.
During the arraignment, we will:
1) Represent you at the hearing as the court gives you the written accusation of charges prepared by the prosecutors office.
2) Guide you in entering a plea to charges.
3) Help prepare you for future court appearances such as:
- Pretrial hearings or conferences
- Pretrial motions
- Grand jury proceedings
- Trial (if your case goes to trial)
- Sentencing
Arraignment information
Arraignments are usually held within 48 hours after a person is arrested and sent to jail.The reason people are arraigned so quickly is to protect the rights of the accused.If a person has been arrested it means there must have been probable cause or enough other evidence to make the arrest. If criminal procedure allowed more time between arrest and arraignment, it could givepolice power to arrest more often and look for evidence after the fact (while the person was held up in jail).
If you were released on bail or were issues a citation, the arraignment takes place usually several weeks later.In many cases delays work to the advantage of defendants.If the arraignment is several weeks later, witnesses forget things, prosecutors may lose evidence andso on. As time goes on it easier to negotiate plea bargains that are positive for the defense.Also, a defendant can usually take action to impress the judge (such as enter a rehabilitation program, get a job or some other behavior that will be viewed as favorable by the judge).
The timing of an arraignment will vary from state to state, but all states must follow rules set forth in the U.S Constitution stating an arraignment must take place as quickly as possible.Here is what usually happens during a New York arraignment:
- Appoint Attorney (for people who do not have one prior)
- Hear a Bail Motion (you can ask to reduce bail or prosecutor can ask bail amount to be raised
- Pret-Trial Motion Date Set
- Set Dates for Upcoming Hearings Other Than Motions
People charged with a crime are entitled to many constitutional rights, such as:
- Trial by jury
- Present your own witnesses
- Confront and cross-examine prosecution witnesses
Criminal defense lawyers will often discourage their clients from pleading guilty at the arraignment hearing because if you plead guilty or no contest (nolo contendere) you give up your constitutional rights to the above.
