Arraignment Attorneys

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Arraignment Attorneys

Having a Criminal Attorney Can Help at the Arraignment

Criminal Attorneys are ready and available to help you through your arraignment. In some jurisdictions, the bail and other pretrial release conditions are decided at the arraignment. In others, they may simply be rescheduled to when you appear for the arraignment. Whether or not your bail or pretrial release conditions already been decided, judges suggest having an arraignment attorney present as the charges are formally presented to you. Attorneys are necessary to help clients understand the legal implications of the charges. The earlier you hire an arraignment attorney the earlier you can start formulating your defense.

The Arraignment Process

The arraignment may be called a preliminary hearing or a different term depending on the state in which the defendant was arrested. During an arraignment, the judge reads the charges to the accused person (defendant) and the defendant is asked for his or her plea. In criminal cases, you generally may plead "guilty," "not guilty," or "no contest," sometimes referred to as a plea of nolo contendere. By pleading guilty, the defendant avoids the necessity of a trial, but he or she becomes subjected to whatever punishment the court deems appropriate.

At the arraignment, the defendant is also advised to his or her right to counsel, which means he or she is entitled to have an attorney represent him or her and answer the charges. If the defendant indicates he or she cannot afford an arraignment attorney, the court will investigate and determine if the defendant is declared indigent.

If a defendant is considered indigent, a public defender (also known as a pool attorney) will handle the case until it is resolved, by a plea, downgrade, dismissal or conviction and sentencing hearing. Some downgraded cases are ordered, or remanded back to the local municipal court for disposition. A local public defender may be assigned to the case by the magistrate. If an investigation reveals assets or it is determined that a defendant has some means to pay for an arraignment attorney, the defendant’s application for indigent defense services could be denied. It is important to note that most applications for indigent defense services are denied, so finding the right criminal attorney as soon as possible is necessary to ensure all of your legal rights are protected. The LawInfo Lead Counsel directory features a list of criminal attorneys who specialize in representing clients charged with certain crimes. Contacting a criminal attorney quickly will give your lawyer more time to provide the best possible defense.

Grand Jury Indictments

In the case of a federal crime and also in most of the states, the defendant has the right to a grand jury indictment. In some states, the grand jury indictment takes place instead of the preliminary hearing (or arraignment).

In grand jury indictments, the state prosecuting attorney or federal U.S. Attorney gets to present all the evidence available to support the defendant’s arrest to the grand jury. The grand jury is composed of a group of citizens who have been selected from voter registration, driver’s license and tax lists. The grand jury considers evidence presented by the prosecutor and determines if there is sufficient evidence to formally charge the defendant and require him or her to respond to the charge(s). For more information about grand jury indictments, read Grand Jury Indictment.

Should I hire an Arraignment Attorney?

A LawInfo Lead Counsel qualified criminal lawyer will be able to file the motions necessary, arrange witnesses, and prepare for your arraignment.

Cases are not generally dropped in the arraignment. They typically move forward to the next phase of the criminal justice process plea negotiations. For more information, contact a criminal defense attorney in your area today.