An arraignment does not automatically mean you are going to jail. Whether you stay in jail depends on what happens at your first appearance hearing, which is a separate step that usually comes before arraignment. If you were arrested with a warrant, you are entitled to a first appearance hearing within 72 hours (O.C.G.A. § 17-4-26). If you were arrested without a warrant, that window is 48 hours (O.C.G.A. § 17-4-62). This is where a judge decides whether you are granted bail. If bail is denied, you may remain in jail while your case proceeds.
First Appearance vs. Arraignment
These two hearings are often confused, but they are not the same thing. The first appearance is where a judge decides bail. The arraignment is where you are formally told the charges against you and where you enter a plea. By the time you reach arraignment, the bail decision has usually already been made. This means your arraignment date does not decide whether you go to jail. That decision was made earlier, at your first appearance.
What Happens at The Arraignment
At a misdemeanor arraignment, the judge will formally present the charges against you. The judge will also inform you of your constitutional rights, including the right to counsel. If you cannot afford private counsel, the court will appoint a public defender to represent you. The judge may also reconsider a denial of bail or modify bond conditions as necessary. The most important part of the arraignment, however, is entering a plea. You must answer the charges with a plea of either guilty, not guilty, or nolo contendere. If you refuse to enter a plea, you will be treated as if you had pled not guilty.
Your Plea Options
Nolo contendere is Latin for “no contest.” If you enter a nolo plea at your misdemeanor arraignment, you are admitting that the prosecutor has enough evidence to potentially succeed at trial. You are neither asserting innocence nor admitting guilt. You are, however, agreeing to be punished for the charges, and you are waiving your right to a jury trial. One reason for pleading nolo contendere is to resolve the charge without formally admitting guilt. Unlike a guilty plea, a nolo contendere plea cannot be used against you in a later proceeding.
You may also choose to plead guilty at your misdemeanor arraignment. This may be appealing if the prosecution has agreed to lessen the charges or recommend a lower sentence in exchange for a guilty plea. If you plead guilty, you give up certain rights, such as the right to trial, the right to confront witnesses, the right to remain silent, and the right to force the prosecutor to prove your guilt beyond a reasonable doubt, among others. If you plead guilty at your arraignment, you will usually be sentenced that same day.
The final option, and the most common, is to plead not guilty, meaning your case will move forward toward trial.
What Happens After a Not Guilty Plea
After a not guilty plea, the judge will set important future court dates, such as a pre-trial hearing. After the arraignment and before the next hearing, you are entitled to receive discovery, which includes all evidence in the prosecutor’s possession. Your attorney will also conduct their own investigation of the facts and draft any pre-trial motions that will help protect your rights. If you want to know how to get ready for this stage before it starts, review how to prepare for a misdemeanor arraignment in Georgia.
Why You Need an Attorney at Arraignment
You should always retain a criminal defense attorney at or before arraignment, if possible. Often, judges or prosecutors will want you to enter a plea without an attorney present, which is potentially harmful to your case. Sometimes defendants are surprised to find that the prosecutor has added charges or charged different crimes than what they were arrested for. If you are without counsel at arraignment, you should request a continuance to hire an attorney.
Deadlines After Arraignment In Walton and Newton County
In many courts after the arraignment, specific deadlines are triggered, which may be explained in a “pre-trial order.” In Walton and Newton County, for example, the prosecutor must serve discovery about a month after arraignment. Pre-trial motions are due approximately two weeks later, and responsive motions are due two weeks after your motions are filed. About two to three months after arraignment, the court will hold a status hearing and/or motion hearing to assess how the case is going and address any evidentiary issues. This is also an opportunity to change your plea from not guilty to guilty if you wish. Having an attorney ensures that this process goes smoothly and efficiently while also protecting your rights.
Get Help Before Your Arraignment Date
If you are facing a misdemeanor charge and want to understand your options before your court date, review misdemeanor crimes in Georgia to see what you may be up against. Wosnik Law, LLC represents clients in Monroe, Athens, and throughout Walton County. Call today to schedule a consultation before your arraignment date.