You have a date for your arraignment, but what is it? Here is some information about what it is and what to expect.
If you have been charged with a crime, the first step in the criminal procedure is an arraignment, which is before a judge in a courtroom. The procedure involves reading you the crime you’ve been charged with and entering your initial plea of guilty, not guilty, or no contest.
An arraignment is required under the Sixth Amendment of the US Constitution in order to protect you from being held for an extended period of time in custody while not telling you what you’re being charged with. There is usually a 72 hour period after being arrested that an arraignment must occur. If it doesn’t happen during this time period, you can argue that your constitutional rights to a speedy trial has been violated.
There are many factors involved in the rules for an arraignment. Two main factors is whether the crime you’re being charged with is federal or state, and whether it’s a felony or misdemeanor. Arraignment rules vary from state to state, but if you have to spend time in jail, you’ll be arraigned.
There are multiple steps to an arraignment:
Other tasks during an arraignment include setting bail and other factors relating to your release. The judge may also set future dates for other proceedings such as a pre-trial conference or the actual trial.
If you have been charged with a crime and are facing an arraignment, you need the expert advice of a criminal defense attorney such as Sevens Legal, APC. Contact Sevens Legal, APC, today for a free consultation.