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Brooklyn Criminal Lawyers Explain the Arraignment Process and What to Expect
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Brooklyn Criminal Lawyers Explain the Arraignment Process and What to Expect
Arraigned in Brooklyn? What to Expect and How to Prepare
Being arrested and going through the criminal justice system can be an intimidating and confusing experience. As Brooklyn criminal defense attorneys, we regularly advise clients who are facing arraignment on criminal charges. In this article, we’ll walk you through what an arraignment is, what to expect during the process, and how to best prepare yourself and your legal strategy.
What is an Arraignment?
An arraignment is a criminal defendant’s first appearance in court after being arrested. It typically happens within 24 hours of the arrest. The purpose of the arraignment is for the judge to:
- Inform the defendant of the charges against them
- Ensure the defendant has legal representation
- Consider bail or other pre-trial release conditions
- Accept the defendant’s plea of guilty or not guilty
Arraignments move quickly, often lasting less than 10 minutes. But this first hearing sets the trajectory for the rest of the case, so it’s important to have legal counsel present and understand what’s happening.
What Happens at Arraignment?
Here’s a basic overview of the arraignment process:
- Judge advises of charges – The judge will read the formal charges against the defendant.
- Bail determination – The judge considers whether to release the defendant on their own recognizance or set bail. Factors include flight risk, danger to public, prior record.
- Plea entered – Defendant enters a plea of guilty or not guilty. Most plead not guilty at this stage.
- Next court date – A future court date is set to continue the proceedings.
- Pre-trial release – If released, the defendant is allowed to leave, sometimes with conditions like checking in with pre-trial services.
How to Prepare for Arraignment
Having an experienced criminal lawyer represent you at arraignment can make all the difference. Here are some tips on getting ready:
- Hire a lawyer – Don’t go it alone. An attorney can negotiate bail, enter pleas, and assert your rights.
- Gather documents – Have info like employment, residence, family ties ready to argue for release.
- Remain silent – You have the right against self-incrimination, so don’t make statements about the case.
- Get character references – Ask people to write letters vouching for your character to help with bail.
- Review the charges – Understand the exact violations you’re charged with before entering a plea.
- Dress appropriately – Wear nice clothes to show the judge you take the process seriously.
Having an advocate by your side looking out for your rights and freedom is critical during an arraignment. The decisions made at this first court appearance pave the way for the rest of the case. Don’t hesitate to contact a Brooklyn criminal defense lawyer for guidance and representation.