Arraignment is the first formal step in the judicial process for misdemeanor cases. During your arraignment, you will receive a copy of the accusation against you. That is the formal document listing the charges that have been brought against you. The court will either read the charges that are being brought against you, or you can agree to waive formal reading of the charges and accept a copy of the accusation. The court will advise you of your rights, including the right to an attorney. After the charges are formally conveyed, you must enter a plea of guilty, not guilty, or nolo contendere. If you remain silent or refuse to enter a plea, the court will proceed as if you pled not guilty. The court cannot give you legal advice, therefore a criminal defense lawyer is typically who you want to handle your arraignment. Having a criminal defense lawyer present ensures that you fully understand the consequences of each plea option. Most defendants plead not guilty, and the case is set for trial at some later date. After arraignment, a defendant and their lawyer will review discovery provided by the state (the reports, videos, photos and other evidence the state would be using at trial), investigate the facts of the case, discuss trial strategy, and file any appropriate pre-trial motions that may help your case.
Having a criminal defense attorney is crucial in the arraignment stage of a criminal case. If you attend your arraignment date without one, it is in your best interest to ask the court for time to obtain counsel. It is possible that the charges in your accusation could be different than what you were arrested for. The court or prosecutor might also encourage an unrepresented defendant to enter a plea at arraignment without the advice of an attorney. You should not do so. Having legal representation is a major safeguard to your rights. It also ensures compliance with key deadlines as your case moves through the court process, which could impact your defense strategy if missed.
The court system can be overwhelming if you’re not familiar with it, which is why it is essential to understand the legal process, your rights, and the charges against you before your arraignment. You should carefully review all paperwork related to your case with your criminal defense attorney, who can explain the charges in depth, clarify legal terminology, and outline the burden of proof the prosecutor must meet if the case going to trial. Counsel will also help you understand your constitutional rights, the consequences of waiving them if you plead guilty, and ensure you do not agree to terms that you don’t fully understand. Having an attorney to guide you through these steps can significantly reduce the stress of appearing in court.
It is also crucial that you take special notice of your arraignment date. Failing to appear can result in the court issuing a bench warrant for your arrest, possible sanctions, and maybe even being help in jail until your next court date. In some cases, your attorney may appear on your behalf, but only if you have completed and signed a written “waiver of arraignment” form. On the day of your arraignment, you should gather and bring all relevant case documents, including your summons or notice, and arrive early to review final details with your criminal defense attorney. You should fully understand the charges and potential consequences, which your attorney will help clarify. Show respect to the court by dressing and acting professionally, turning of electronic devices, and following all specific courtroom rules. Let your attorney speak for you, unless the judge addresses you directly. While the experience seems daunting, effective legal assistance will ensure that you are prepared and supported throughout the process.
If you have any questions about the arraignment process or need to speak to an experienced trial lawyer, schedule a consultation with our office today.