EXPERIENCED LEGAL COUNSEL YOU CAN TRUST REACH OUT TODAY

WHAT HAPPENS AT AN ARRAIGNMENT HEARING?

An arraignment hearing is one of the first critical steps in a criminal case, where the charges against a defendant are formally presented in court. Many defendants facing this hearing wonder: “Can you go to jail at an arraignment?” The short answer is yes, but whether this happens depends on specific circumstances, including the severity of the charges and the court's decision regarding bail or bond conditions.

This article explains what happens during an arraignment, the factors that influence potential jail time, and what defendants should know to navigate the process effectively.

What is an Arraignment Hearing?

An arraignment is an initial stage in a criminal case where the defendant is formally notified of the charges against them and enters a plea. It marks the official beginning of court proceedings. Regardless of whether a case involves a misdemeanor or felony, every defendant must go through an arraignment.

Key components of an arraignment include:

  1. Reading of Charges: The court will read the formal charges outlined in the complaint or information. In some cases, defendants can waive the reading.

  2. Entry of a Plea: The defendant will be asked to plead guilty, not guilty, or no contest to the charges.

  3. Appointment of Counsel: If the defendant cannot afford a lawyer, the court may appoint one.

  4. Bond and Bail Decisions: The judge will address bail and bond conditions, which may determine whether the defendant is held in custody or released.

  5. Scheduling Future Hearings: The judge will set dates for subsequent court proceedings.

Can You Go to Jail at an Arraignment?

The possibility of going to jail at an arraignment depends on several factors:

1. Severity of the Charges

  • Misdemeanor Cases: In most misdemeanor cases, defendants are not jailed at arraignment if they were previously released on a citation or bail. However, if the charges are serious or involve repeat offenses, the judge may impose stricter bail conditions or revoke prior release.

  • Felony Cases: For felony charges, the stakes are higher. Defendants may already be in custody at the time of the arraignment and could remain detained if bail is denied or set at an amount they cannot afford.

2. Bond and Bail Decisions

During the arraignment, the judge will evaluate whether to grant bail or release the defendant on their own recognizance. Factors influencing this decision include:

  • The defendant’s criminal history.

  • The nature of the crime (e.g., violent or non-violent).

  • The likelihood of the defendant appearing for future court dates.

  • Any flight risk or danger posed to the community.

If the judge sets a high bail or denies bail, the defendant may be taken into custody and held in jail until trial or until bail is met.

3. Existing Warrants or Violations

Defendants with outstanding warrants or those who violate terms of a prior release may be taken into custody at the arraignment. For example, failing to appear at a previous court date can lead to an immediate order for detention.

The Arraignment Process: A Step-by-Step Overview

  1. The Formal Start of the Case
    Every criminal case begins with the filing of a complaint by the prosecutor. This document outlines the charges against the defendant. Once filed, the arraignment is scheduled.

  2. The Hearing
    At the arraignment:

  • The defendant is present, either in person or, in some cases, via audio-video communication.

  • The judge ensures the defendant understands the charges.

  • The defendant receives a copy of the complaint.

  1. Bond and Release Decisions
    This is the critical moment where the court decides whether the defendant remains free or goes to jail. The judge may:

  • Release the defendant on their own recognizance (no bail required).

  • Set bail with specific financial or non-financial conditions.

  • Deny bail, resulting in the defendant being held in custody.

  1. Setting Future Court Dates
    The arraignment concludes with the scheduling of subsequent hearings, such as pre-trial conferences or a preliminary hearing for felony cases.

How Does Arraignment Differ for Misdemeanors and Felonies?

Misdemeanor Cases

  • In misdemeanor cases, arraignment often occurs at the first court date.

  • Defendants who hire a lawyer before the arraignment may not need to appear, as the lawyer can waive formal readings and enter a plea on their behalf.

  • Jail time is rare at arraignment unless there are aggravating factors, such as probation violations or failure to appear.

Felony Cases

  • Felony arraignments usually occur after a preliminary examination or following an indictment.

  • The state must first establish probable cause that the defendant committed the crime.

  • Defendants charged with serious felonies are more likely to face custody decisions at the arraignment, particularly if bail is set high or denied.

Factors That Impact Jail Decisions at Arraignment

Several considerations influence whether a defendant might go to jail at their arraignment:

  1. The Defendant’s Prior Record
    A history of criminal behavior, especially violent or similar offenses, increases the likelihood of being remanded to custody.

  2. Flight Risk Assessment
    Judges evaluate whether the defendant is likely to flee the jurisdiction. Individuals with strong community ties are less likely to be detained.

  3. Nature of the Alleged Crime
    Serious or violent crimes, such as aggravated battery or theft involving significant value, often result in stricter bail conditions.

  4. Compliance with Previous Court Orders
    Defendants who violated probation or failed to appear at earlier hearings may be taken into custody immediately.

How to Prepare for Your Arraignment

If you are facing an arraignment, take the following steps to improve your chances of avoiding jail:

  1. Hire an Experienced Attorney
    An experienced criminal defense attorney can advocate for reasonable bail terms and argue against detention.

  2. Demonstrate Stability
    Provide evidence of community ties, employment, or family responsibilities to show you are not a flight risk.

  3. Be Punctual and Respectful
    Arriving on time and showing respect for court proceedings can make a positive impression on the judge.

  4. Have a Plan for Bail
    If bail is likely, arrange for a bail bondsman or financial assistance ahead of time.

Conclusion: Can You Go to Jail at an Arraignment?

Yes, it is possible to go to jail at an arraignment, but this outcome depends on various factors, including the charges, your criminal history, and the court’s assessment of your case. Understanding the process and preparing effectively with the help of a skilled criminal defense lawyer can significantly improve your chances of avoiding incarceration at this critical stage.

For personalized legal guidance and representation, contact the experienced criminal defense attorneys at Roth Davies, LLC. They can help you navigate the arraignment process, protect your rights, and advocate for the best possible outcome.