Introduction
Arraignment is usually overwhelming; it is the first hearing and on top of that you have the option of having jail time. Now it is high time we understand what does an arraignment entails, the aspects of bail and last but not the lease if one can be jailed at this stage.
What is an Arraignment?
An arraignment is basically the hearing where the court recites the charges and each party’s rights to the defendant. Further, the defendant is asked just a question, either ‘guilty’, ‘not guilty’ or ‘no contest’. This hearing forms part of legal proceedings and makes the accused person know about the case.
Can You Go to Jail at an Arraignment?
Only in some instances, can a defendant be taken to jail at an arraignment. It depends on factors like:
1. Bail Conditions or No Bail
So, if a judge posts a high amount of bail or rejected it, the accused might be detained. This is mostly the case with serious charges such as vicious felonies and other acts of violence.
2. The categories include persons facing Outstanding Warrants or Probation Violations.
If the defendant has repeated warrants or prior problems with probation, then, this means a risk to society, and the judge may order detention.
3. Risk of Flight
If there is probability that the defendant may not turn up for additional proceedings they may be held.
The Use of Bail at an Arraignment
Bail is just money for a promise that defendant will attend his future hearings and meetings. The judge considers:
Crime’s Severity: Accused who have been involved in serious offenses are usually required to pay high bails.
Criminal Record: People who are a repeat offender and for the third time may be subjected to more rigorous bail terms.
Community Ties: If a defendant is employed or has family, he or she may get a lower bailed amount because there is less likely to flee court also.
What If Bail Is Denied?
If bail is refused then the defendant stays in jail until his trial or the next hearing comes in. Sometimes they will ensure to have a bail review hearing to appeal for a lower amount of bail or release.
What If You Plead Guilty at an Arraignment?
Pleading guilty could mean serving the jail term on the spot as its determinations depend on the level of the crimes. This plea basically means agreeing to the charges which may result in the sentencing at the arraignment. Pleading guilty often has lasting consequences of which defendants are encouraged to speak to the lawyer before making the plea.
What If You Plead Not Guilty?
Not guilty means that the case moves to trial level while the defence gathers evidence they have to present in the trial. The defendant could still remain in custody if for instance the bail is refused or is set at an amateur level. However, this plea provides an opportunity to argue against the charges and maybe avoid getting arrested.
P which stands for Release on their own recognizance (OR)
There are cases when the defendant is allowed Own Recognizance (OR) that means that one will be released without a bail but then will have to promise to return for trial. Judges consider OR release if:
The Crime is Minor: It is more likely that non-violent offenses will get a shot at it.
Low Flight Risk: Regular job and strong affiliation with community increase the likelihood of OR.
How a Lawyer Can Help
They hired a defense lawyer that can request for a lower bailable amount, or motion for the accused’s release without bail or probationary bail. It also assures that the defendant’s rights are safeguarded and that a stay out of jail is achieved in this stage with legal aid.
Possible outcomes when attending an arraignment
An arraignment may result in:
1. Release on Bail: Bail means being released briefly and this is enabled by paying for it.
2. Own Recognizance Release: Without paying, some defendants are freed.
3. Jail Until Trial: When the application is rejected or when bail has not been paid, the defendant remains in custody.
4. Immediate Jail Sentence (Guilty Plea): Pleading guilty might take one directly to sentencing and thereby incarceration.
Final Thoughts
Ending up in jail during an arraignment depends on some factors such as the high level of charges and outcome predictions. So defendants who have hired a lawyer have more likelihood of avoiding jail at this stage. It Al’s
o helps the people to know what to expect in an arraignment so that they may not be worried by unknown factors.
