Initial Hearing – Arraignment Lawyer

Initial Hearing and Arraignment: What You Need to Know

Getting arrested can be scary and confusing. You may have lots of questions about what happens next. This article explains what to expect at your first court hearings after an arrest – the initial hearing and the arraignment.

What is an Initial Hearing?

The initial hearing happens first, usually the day after you get arrested. It is when the judge tells you:

• What crimes you are charged with
• Your rights
• If you can be released from jail before your trial

At the initial hearing, the judge looks at the charges against you and decides if there is a good reason to keep you in jail until your trial. If the judge thinks you might run away or hurt someone, you might have to stay in jail. This is called being “remanded into custody.”

If the judge decides to let you out of jail, you will have to follow rules called “release conditions” – like checking in regularly or staying away from certain people. You may also have to pay bail money as a guarantee that you will come to your trial.

What Happens at the Initial Hearing?

Here’s what you can expect at your initial hearing:

1. The judge tells you all the crimes you are charged with.
2. The judge explains your rights:
   • Right to a lawyer
   • Right to remain silent
   • Right to a trial
3. The judge decides if you should be let out of jail before your trial and if so, under what conditions.
4. The judge asks if you plead guilty, not guilty, or no contest to the charges.

The initial hearing usually only takes about 5-10 minutes. It happens quickly after your arrest – within 48 hours if you are in jail, or within 10 days if you got released.

What is an Arraignment?

The arraignment comes a few weeks after the initial hearing. This is when you officially enter your plea – guilty, not guilty, or no contest. You also get formally charged at the arraignment.

There are two arraignment hearings if you are charged with a felony. The first one comes right after the initial hearing. The second one happens after the preliminary hearing where the judge decides if there is enough evidence for your case to go to trial.

What Happens at the Arraignment?

Here’s what you can expect at your arraignment:

1. The prosecutor reads the formal charges against you.
2. The judge explains your rights again.
3. You enter your plea – guilty, not guilty, or no contest.
4. The judge sets dates for your trial and other hearings.

It’s important to have a lawyer with you at your arraignment. An experienced criminal defense lawyer can help you understand the charges and make sure the process goes smoothly.

Getting a Lawyer for Your Initial and Arraignment Hearings

You have the right to have a lawyer represent you at your initial hearing and arraignment. Here are your options for getting a lawyer:

• Hire your own lawyer – You can hire a criminal defense lawyer to be your attorney. They will advocate for you and protect your rights.
• Get a public defender – If you can’t afford a lawyer, tell the judge you would like a court-appointed attorney. If you qualify, you will get a public defender.
• Ask the judge to appoint a lawyer – Even if you plan to hire your own lawyer later, ask the judge for a temporary appointed lawyer for these first hearings.

Having a lawyer early on can really help your case down the road. Your lawyer can argue for your release from jail, examine the charges against you, and start building your defense.

What Should You Do at the Initial Hearing and Arraignment?

These tips will help you through your first court hearings:

• Be polite and respectful to the judge.
• Say as little as possible – don’t try to defend yourself or explain anything.
• Speak clearly when answering the judge’s questions.
• Avoid getting angry or upset – stay calm.
• Ask the judge if you don’t understand something.
• Listen carefully to the prosecutor and judge.
• Say “not guilty” if you plan to fight the charges against you.
• Follow your lawyer’s advice about entering a plea.

Remember, anything you say can be used against you later. That’s why it’s so important to have a lawyer represent you at these hearings. Your lawyer will speak for you and make sure your rights are protected.

What Happens After the Arraignment?

After your arraignment, your case moves forward to the next steps, depending on the charges against you. Here’s what usually comes next:

• Discovery – This is when your lawyer can review the prosecutor’s evidence against you.
• Motions – Your lawyer can make motions to get evidence thrown out or get charges dropped.
• Plea negotiations – Your lawyer can negotiate with the prosecutor about pleading guilty in exchange for a lighter sentence.
• Trial – If you plead not guilty, your case will go to trial before a judge or jury.

Your lawyer will guide you through all of these stages. Be sure to show up to all your court dates and stay in close contact with your attorney.

Conclusion

The initial hearing and arraignment are important first steps in your criminal case. Having an experienced criminal defense lawyer represent you can make all the difference.

Don’t say anything at these hearings without consulting your attorney first. Be polite, follow instructions, and let your lawyer do the talking.

With good legal representation, you can protect your rights, get released from jail, and start building your defense. Your lawyer can help you get the best possible outcome in your criminal case.