An arraignment is a court sitting in which a magistrate introduces felony charges against the defendant. This proceeding provides the litigant a chance to plead guilty or not guilty. During this event, the defendant can understand their rights while also getting the opportunity to hire an attorney. Many events happen between an arrest and arraignment, and it is vital for the accused to be well conversant with the laws. At Canyon State Law Firm, we guide our clients through the process to ensure a seamless legal process.
Immediately after an arrest, police take the defendant into custody. As it’s customary by law, officers are advised to avoid making arrests before obtaining all implicating statements because these words can be utilized against the accused in court. Formally, when a defendant is in police custody, they are transferred to jail to commence the criminal booking process. This process entails gathering information from the accused, such as the name and residence, accompanied by a complete body search, fingerprint, and photos.
At this moment, personal properties are seized and may be taken in as evidence. After the process, the accused is expected at court between two to three days.
During an arraignment, the judge reads out the charges against the accused and their rights . Some of the rights include the right to a lawyer, the right against the admission of guilt, and the right to be liberated on bail. Thereafter, the six pleas can be performed at an arraignment. They consist of: guilty, not at fault, not at fault due to insanity, no competition, double peril, and former conviction.
In an arraignment, a defendant can be accused of misdemeanors, assault, and violations. The main difference between a felony and a misdemeanor is that an assault crime is prosecutable by death, where a demeanor is punishable by jail time. On the other hand, an infraction is not prosecutable by imprisonment. The course of action of infraction proceedings is similar to misdemeanors. However, in an infraction, the defendant isn’t authorized to a jury trial and assigned counsel.
Sometimes, an individual can plead guilty at an arraignment. Several magistrates will accept the accused to plead guilty accompanied by a description. Additionally, the accused is bestowed the right to request for a perpetuation of the arraignment. For instance, once the defendant is enlightened of the charges and repercussions, they might want to turn to the attorney for counsel.
With violation arraignments, the defendant can post bail and plead not at fault by mail. In some misdemeanor crimes, a lawyer can appear on behalf of the defendant. Nonetheless, certain misdemeanor acts require the defendant to appear at an arraignment. These crimes entail domestic violence crimes, infringement of a domestic violence court order, and driving under the influence accusations. (DUI).
Bail Vs. Bond
A bond is a consensus by the accused to appear for trial or pay an amount of cash commissioned by the court. On the contrary, bail is the sum of money paid to guarantee the defendant’s release. The different types of bonds include PR bonds, cash bonds, and bail. In most cases first-time criminals and non-violent offenders are given a PR bond at no cost.
A cash bond is an amount the accused has to pay to leave jail. A cash bond is a surety detained by the courts to ensure the accused returns for the court proceedings. A large amount of money is returned in the event the accused meets all the regulations.
A bail bond is a type of bond that a bond company posts on behalf of the accused. The company pays the full amount while the defendant pays a fraction of the amount. Nonetheless, if the accused fails to fulfill the rulings laid down by the court, they will be forced to pay the total amount by the bail bond company. Numerous companies provide collateral as a requisite to sign an agreement which often includes possessions such as cars, homes, etc.
If the accused cannot post bail or bond, they remain in custody until the hearing. If the accused violates the obligations, they can be charged with contempt of court and denied bail. It is recommended to get a law firm that provides an aggressive representation that helps clients navigate through the trials involved in legal representation. Whether you have been charged with a DUI or a misdemeanor charge, attorneys play an indispensable role in ensuring clients receive fair representation. It is always a great idea to do background research on a law firm before hiring them to ensure you get high-quality services.