Can You Go To Jail At An Arraignment?

Can you go to jail at an arraignment hearing?

In this article, you’ll learn about:

what an arraignment hearing is
if you can go to jail at an arraignment hearing
how long after an arraignment does your sentencing occur
what happens at an arraignment hearing for felonies
what happens after arraignment hearings
what if you plead guilty at your arraignment hearing
can charges get dropped at an arraignment hearing

Let’s dig in.

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What Is An Arraignment Hearing?

An arraignment hearing is a court proceeding where a defendant hears the charges brought against them.

In this hearing, the court formally presents the charges to the defendant.

After hearing the charges, the defendant responds by entering a plea.

Let’s break what an arraignment hearing is down further:

Presentation of Charges: The court tells the defendant what they are being accused of. This is often done by reading out the criminal complaint or indictment.
Entering a Plea: The defendant then responds to these charges. They can plead “guilty” (admitting to the charges), “not guilty” (denying the charges), or “no contest” (neither admitting nor denying the charge but accepting the punishment).
Future Proceedings: Depending on the plea, the court will then decide the next steps. If the defendant pleads not guilty, the case typically moves to a trial or other hearings. If they plead guilty or no contest, the case moves toward sentencing.

Can You Go To Jail At An Arraignment?

Yes, you can go to jail at an arraignment.

An arraignment is an initial court appearance where a defendant hears the charges against them and enters a plea.

At this hearing, the judge can make decisions about the defendant’s bail.

Here’s how it works:

Bail Decision: During the arraignment, the judge decides if the defendant can be released before the trial. The judge may release the defendant on their own recognizance, set bail, or deny bail entirely.
Released on Own Recognizance: This means the judge believes the defendant will return for future court dates without being held in jail or paying bail.
Setting Bail: The judge might require the defendant to pay a certain amount of money to ensure they return for future court dates. If the defendant pays this money, they can go free until the trial. If they can’t pay, they stay in jail.
Denying Bail: In some cases, the judge might believe the defendant is a flight risk or a danger to the community. Here, the judge can deny bail, which means the defendant remains in jail until their trial or a future hearing.

So, if a judge denies bail or sets it at an amount the defendant can’t pay, the defendant goes to jail after the arraignment.

How Long After Arraignment Is Sentencing?

After an arraignment, the time to sentencing can vary.

The arraignment is the initial court appearance where a defendant hears the charges and enters a plea.

If the defendant pleads guilty or no contest, sentencing can follow relatively quickly.

However, if they plead not guilty, there are more steps before sentencing.

Here are the different scenarios for how long sentencing can take after an arraignment hearing:

Plea of Guilty or No Contest: If a defendant pleads guilty or no contest at the arraignment, the judge might sentence them immediately or schedule a separate sentencing hearing. This could be days, weeks, or sometimes longer after the arraignment, depending on the court’s schedule and the nature of the crime.
Plea of Not Guilty: If the defendant pleads not guilty, the case moves towards trial. Before the trial, there might be pre-trial hearings, evidence gathering, and negotiations. This process can take weeks, months, or even years.
Post-Trial Sentencing: If the defendant is found guilty at trial, sentencing won’t occur immediately. The court often schedules a separate sentencing hearing, which allows both sides to prepare statements and arguments regarding the appropriate punishment.

What Does Arraignment Mean In Court For A Felony?

An arraignment in court for a felony is the initial step in the criminal process.

It’s where the defendant is formally told about the felony charges against them.

At this stage, the defendant also gets the chance to enter a plea in response to the charges.

What Happens After Arraignment For Felony?

After an arraignment for a felony, several steps can follow, depending on the defendant’s plea and other factors.

The arraignment is when the defendant first hears the formal charges and offers a plea in response.

Here is what happens after an arraignment for a felony:

Plea Entered: If the defendant pleads not guilty, the case proceeds towards a trial. If they plead guilty or no contest, the process moves toward sentencing.
Bail and Pretrial Release: The judge decides if the defendant can be released before the trial. The judge may release them on their own recognizance, set bail, or hold them in jail.
Discovery Phase: Both the defense and prosecution share evidence they plan to use in the trial. This phase ensures both sides understand the evidence and can prepare their cases.
Pre-Trial Motions: Both sides can file motions to ask the court to make specific decisions about the case. For instance, a defense attorney might request certain evidence be excluded from the trial.
Plea Bargaining: The defense and prosecution might negotiate an agreement. Instead of going to trial, the defendant may agree to plead guilty to a lesser charge in exchange for a lighter sentence.
Trial: If no plea deal is reached, the case goes to trial. Here, both sides present evidence, witnesses are called, and arguments are made. A jury or judge then determines if the defendant is guilty.
Verdict: After the trial, the judge or jury announces the verdict. If the defendant is found guilty, the next step is sentencing.
Sentencing Hearing: If the defendant is convicted or has pleaded guilty earlier, a separate hearing is scheduled to decide the appropriate punishment.

What Happens If You Plead Guilty At An Arraignment?

If you plead guilty at an arraignment, you are admitting to the charges against you.

This means you’re accepting responsibility for the crime and are forgoing the opportunity to defend yourself at a trial.

Let’s look at what happens if you plead guilty at an arraignment hearing:

Immediate Admission: By pleading guilty, you are telling the court that you did commit the crime you’re charged with.
Possible Immediate Sentencing: In some cases, especially for minor offenses, the judge might decide on a punishment right away and sentence you on the spot.
Scheduled Sentencing Hearing: For more serious crimes or when the judge needs more information, the court might schedule a separate sentencing hearing. This allows the judge to consider any pre-sentencing reports, victim statements, or other relevant details before deciding on the punishment.
Waiving Trial Rights: By pleading guilty, you give up your right to a trial. This means you won’t have the chance to challenge the evidence against you or present a defense.
Potential Benefits: In some situations, a person might choose to plead guilty because of a plea bargain. This is an agreement with the prosecutor to accept a guilty plea in exchange for a reduced charge or a lighter sentence.

Can Charges Be Dropped At An Arraignment Hearing?

Yes, charges can be dropped at an arraignment hearing.

An arraignment hearing is the defendant’s first appearance in court, where they are informed of the charges against them.

At this stage, several outcomes can occur:

Prosecutor’s Decision: Sometimes, before or during the arraignment, the prosecutor might decide there’s not enough evidence to move forward with the case. As a result, they can request the charges be dropped.
Judge’s Authority: The judge can also dismiss charges at an arraignment. They might do this if they believe the evidence is insufficient to support the charges or if there’s a legal issue with the case.
Future Investigations: Even if charges are dropped at the arraignment, it doesn’t necessarily mean the case is closed forever. The prosecutor might refile charges later if more evidence comes to light.
Plea Agreements: In some cases, the defendant and prosecutor might reach a plea agreement. The defendant agrees to plead guilty to a lesser charge, and in return, the original, more serious charge is dropped.

To sum it up, charges can indeed be dropped at an arraignment hearing, either by:

the prosecutor’s choice
the judge’s decision
as part of a plea agreement

Getting Your Criminal Charges Dropped

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Can You Go To Jail At An Arraignment?

Table of Contents

The Hive Law Has Been Featured In

Get A FREE Consultation!

What Is An Arraignment Hearing?

Can You Go To Jail At An Arraignment?

How Long After Arraignment Is Sentencing?

What Does Arraignment Mean In Court For A Felony?

What Happens After Arraignment For Felony?

What Happens If You Plead Guilty At An Arraignment?

Can Charges Be Dropped At An Arraignment Hearing?

Getting Your Criminal Charges Dropped

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