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Navigating the Philadelphia Arraignment Hearing with Legal Counsel
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Being arrested and going through the criminal justice system can be an incredibly stressful and confusing time. Having an experienced criminal defense attorney by your side through the process can make all the difference. One of the most important early stages is the arraignment hearing in Philadelphia. This article will provide an overview of what to expect at a Philadelphia arraignment hearing and how having legal counsel can help guide you through this critical first step.
What is an Arraignment Hearing?
An arraignment hearing is typically the first time a defendant appears in court after being arrested. It usually takes place within 48 hours of the arrest. The purpose of the arraignment is for the judge to formally notify the defendant of the charges against them and advise them of their rights. This is not a trial – no witnesses will be called and no evidence will be presented. However, important decisions are made at the arraignment that can impact the rest of the case.
Having an attorney present allows the defendant to better understand the charges and potential penalties, negotiate bail/release terms, and assert any appropriate rights and defenses even at this early stage. Without legal guidance, a defendant may make choices at the arraignment that could negatively affect their case down the line.
How an Attorney Can Help at the Arraignment
There are several important ways having an attorney at your side during the arraignment can benefit you:
Reviewing the Charges and Potential Penalties
The prosecuting attorney will read the formal charges at the arraignment hearing. The charges will also be provided in writing. For defendants without legal knowledge, the specific charges and potential penalties may be unclear or overwhelming.
An experienced criminal defense attorney can explain exactly what you are being charged with, what each charge means, and the potential penalties if convicted. They can also immediately identify any errors, outdated information, or excessive charges to be addressed. Having the charges and penalties clearly explained provides important peace of mind and allows you to make informed decisions.
Entering a Plea
One of the most critical parts of the arraignment hearing is entering a formal plea to the charges. The options are typically to plead “guilty,” “not guilty,” or “no contest.” Entering the right plea is extremely important.
Pleading guilty at the arraignment can bring serious consequences and instantly result in conviction. Even pleading no contest can essentially be treated as a guilty plea. Without legal guidance, an innocent defendant may plead guilty or no contest without realizing the impact.
An attorney will almost always advise pleading not guilty at the arraignment. This preserves your rights and does not admit guilt. The plea can be changed later as your case proceeds, but pleading not guilty avoids an accidental early conviction.
Negotiating Release and Bail Terms
For defendants in custody, the arraignment hearing is where the judge decides whether you will be released from jail pending trial. If not released, the judge determines what your bail amount will be.
An attorney can argue for your release, or for the lowest possible bail amount, based on factors like your ties to the community, employment, criminal history, and the nature of the charges. Negotiating favorable release terms provides the best chance of not being stuck in jail for months awaiting trial.
Asserting Rights and Defenses
Even at the arraignment stage, there may be important rights or defenses that your attorney can assert. For example, violations of your Fourth Amendment rights against unreasonable search and seizure, Fifth Amendment right against self-incrimination, or Sixth Amendment right to a speedy trial.
Your attorney can also raise issues with the charges, request evidence preservation, challenge probable cause for the arrest, or flag constitutional issues. Preserving these rights early is essential.
Avoiding Accidental Waivers
Without an attorney, you may accidentally waive important rights at the arraignment hearing. For example, the right to have a preliminary hearing or the right to trial within 180 days. Experienced counsel can prevent you from accidentally giving up rights that you can never get back.
Starting the Defense Investigation
From day one, your attorney can begin investigating your case, interviewing witnesses, gathering evidence, researching legal defenses, and preparing your defense strategy. Starting immediately provides a head start on building the strongest case possible in your favor.
How the Arraignment Unfolds
While arraignment hearings follow a similar general process, each case is unique. Here is an overview of how a typical arraignment hearing may proceed:
- Case Calling – Your case will be called by the judge along with other cases scheduled for arraignment. When your name is called, you and your attorney will approach the judge.
- Charges Read – The prosecutor reads the formal charges you are facing and provides copies of the written complaint. Your attorney can review the charges and evidence with you.
- Judge’s Questions – The judge will ask if you understand the charges and your rights. Your attorney may speak on your behalf or clarify any confusion. Be completely honest with your attorney beforehand about any questions or uncertainty.
- Plea Entry – This is when the judge will ask you to enter a formal plea to the charges. Your attorney will have counseled you on the plea to enter. As stated above, almost always plead “not guilty” to preserve all options.
- Bail Consideration – If you are in custody, bail/release terms will be addressed. Your attorney will present arguments on your behalf. If bail is set, your attorney can discuss options for posting bail.
- Additional Motions – Your attorney may make additional motions asserting any rights or defenses immediately relevant to your case.
- Next Court Date – The judge will schedule the next court date for your case. Often this is a preliminary hearing. Your attorney will discuss what to expect as your case proceeds.
Having an advocate speak on your behalf through each part of the process provides invaluable help. With an attorney’s counsel, you can proceed confidently and preserve all your rights.
Consulting with a Defense Attorney
The days and hours after getting arrested can be disorienting. But it is important to act fast to consult with a criminal defense attorney before your arraignment. Do not wait to assert your rights.
When choosing an attorney, you want someone experienced specifically with arraignments and criminal law in Philadelphia. Look for an attorney with a proven track record and whom you feel comfortable with. Be sure you understand all fees upfront so there are no surprises.
Reputable attorneys offer free initial consultations. This gives you the chance to discuss your case and decide if the attorney is the right fit before moving forward. Be open and honest about what happened so they can provide accurate advice.
Having an advocate in your corner from the very start of the process will give you invaluable confidence and clarity during a confusing time. The arraignment hearing sets the trajectory for the entire case, so having skilled legal guidance is critical. Do your research to find the right attorney for you. With the right legal representation, you can face the Philadelphia arraignment process with reassurance.