Does an arraignment mean your going to jail?
At arraignments, people are taken into custody for 3 reasons: A Judge Orders Bail. In most cases, as we have our clients prearrange and qualify for bail, posting bail takes about 2-4 hours to post and then however long it takes the local jail to process you and release you.
Can charges be dismissed at arraignment?
Criminal charges generally do not get dismissed at an arraignment. While prosecutors can dismiss a charge if there is a compelling reason to do so (for instance if they learn that a defendant was wrongly charged), in practice, they rarely do this. This is true with both misdemeanor charges and felony charges.
Do I need a lawyer for a misdemeanor arraignment?
At your arraignment, the judge will advice you of your Constitutional rights, including the right to be represented by an attorney. While you do not necessarily need to have an attorney present at your arraignment, having one can be important in several ways.
Can embezzlement charges be dropped?
Embezzlement charges may be dropped altogether if there is insufficient evidence to prove that the defendant did in fact commit the crime of embezzlement. Additionally, charges may only be dropped due to insufficient evidence if the investigators failed to present a clear case against the defendant.
What can I expect at court arraignment?
At arraignment, the court must inform the defendant of the charges against him. In some states, the judge must read the criminal complaint, indictment, information, or another charging document to the defendant unless the defendant waives the reading.
Who is present at an arraignment?
During an arraignment, no juries are present. In the courtroom, one judge, the prosecutor, the defense counsel, and the defendant are present along with potential dozens of other defendants, their counsel, and other members of the public.
Can you plea bargain at an arraignment?
On rare occasions, a defendant might plead guilty or no contest at the arraignment. If the prosecutor made a very generous offer that would result in no jail time and allow the defendant to be released that day, the defendant might decide to enter the plea at the arraignment, in order to be finished with the case.
Do I need a public defender for a misdemeanor?
Public Defenders from the Public Defender’s Office can only represent indigent people charged with criminal offenses (felony, misdemeanor, criminal traffic, juvenile delinquency, or criminal contempt) or people held under the Baker Act or Sexually Violent Predator Act.
What is the main purpose of the arraignment?
An arraignment is usually a defendant’s first court appearance in front of a judge and the prosecutor. The main purpose of the arraignment is to inform the defendant of the criminal charges against him or her.
Do you always go to jail for embezzlement?
Embezzlement of property, money, or services, and many enumerated items, worth more than $950 is grand theft. A conviction carries a jail sentence of up to one year (a misdemeanor). But state prison time of 16 months, 2, or 3 years is also possible for felony grand theft.
