I have never been one of those people who runs with the wrong crowd, but about six months ago, I knew that I was in trouble. I was with someone when she did something against the law, and it made me a suspected accomplice. I knew that I needed help to prove my innocence regarding the involvement, so I started going through and talking with different criminal attorneys. I was able to find a great lawyer that really understood my position, and he did everything possible to prove my innocence. This blog is all about proving your innocence in court, so that you can move on with your life.
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Getting arrested is a disheartening experience for the average individual. If it is the first arrest, accused individuals may fear the charges that they are facing. They might not understand that even if the evidence against them seems overwhelming, an arrest does not necessarily mean a conviction for the charges. Sometimes the original charges end up getting reduced to less serious charges.
Arrested individuals have to go through an arraignment. Individuals who have never been in trouble might be fearful of the court date for their arraignment. Anyone who has an arraignment date must show up for it or a bench warrant will be issued for their rearrest. Individuals who are out on bond through a bonding company run the risk of getting their bonds revoked if they skip their arraignments. The following points outline how typical arraignment proceedings go.
Disclosure of Charge(s)
Arrested individuals are referred to as defendants during the arraignment. Each defendant gets called by name for their cases. If a defendant has multiple charges stemming from one incident, each charge will be read aloud by the state's attorney who might be referred to as the District Attorney or DA. Defendants cannot interject even if they disagree with the charges. An arraignment is not a trial date.
Notification of Rights
This is an informative portion of the arraignment that informs each defendant of their rights, which are protected by the Constitution. These rights include the right to have a speedy trial. This may seem impossible in metropolitan areas that have high populations and crime rates. However, the courts have a legal responsibility to get the case through the judicial process as expeditiously as possible. Individuals who want a trial have a right to have a trial by their peers. In some cases, there might be an option to waive a jury trial and opt for a bench trial. A judge decides the fate of a defendant.
Enter a Plea
The judge will ask how a defendant wishes to plea to the charges against them. The options are nolo contendere, not guilty, and guilty. Individuals who have not spoken or retained a criminal lawyer should opt for not guilty. Nolo contendere means that a defendant is not agreeing to guilt but feels that there is a preponderance of the evidence that could result in a conviction for the charges.
Terms of Release When Applicable
Individuals who do not get a bond or who did not post bond for their charges might be given a release opportunity at arraignment. This will be dependent upon the charges. Judges can grant recognizance bonds which are bonds that allow individuals to get released pending their next court dates without needing to pay a bond. Juveniles being tried as adults might get released to their parents. The judge may also impose bail, which will require a bond to post. Judges may deny release for certain felony charges.
At the end of arraignment, a defendant is advised of their next court date and terms of their release if applicable. The judge will also likely encourage the defendant to get a criminal lawyer if they do not already have one.
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