what happens if i do not have a lawyer during an arraigment

by Abel Robel 10 min read

If you do not yet have an attorney or cannot afford one, you must attend your arraignment. Your right to legal representation will be explained during the arraignment. At this time, the judge can appoint one for you as long as you request one and truly cannot afford to hire an attorney. Felony Arraignment

Arraignment

Arraignment is a formal reading of a criminal charging document in the presence of the defendant to inform the defendant of the charges against them. In response to arraignment, the accused is expected to enter a plea.

Full Answer

What happens at an arraignment if you cannot afford a lawyer?

What happens at an arraignment? If you cannot afford an attorney, the court will assign one to you, usually from the public defender’s office, or you can hire a criminal attorney. This attorney will help you understand the legalities of the procedure.

Do I have to appear in court for my arraignment?

 · If you do not yet have an attorney or cannot afford one, you must attend your arraignment. Your right to legal representation will be explained during the arraignment. At this time, the judge can appoint one for you as long as you request one and truly cannot afford to hire an attorney. Felony Arraignment

Can a defendant plead not guilty at an arraignment?

 · Purpose of Arraignment in a DUI Case. If you do not have an attorney, the purpose of the arraignment under Florida law is to inform you of the criminal charges that have been filed against you, and to give you an opportunity to enter a plea – either guilty, no contest or not guilty. Guilty and No Contest are basically the same thing.

Can a case be dismissed at arraignment?

 · Posted on Aug 9, 2012. I agree with the other answers that you have received. You can attend the arraignment without an attorney, and you probably won't hurt yourself too much. But, I am not sure why you want to. (unless you cannot afford an attorney and intend to ask for a court appointed attorney at the arraignment).

What happens if you don't have an attorney?

If you do not yet have an attorney or cannot afford one, you must attend your arraignment. Your right to legal representation will be explained during the arraignment. At this time, the judge can appoint one for you as long as you request one and truly cannot afford to hire an attorney.

What happens between arraignment and court date?

During the time between the arraignment and future court dates, your attorney and the defense may discuss alternative ways for the case to be decided before the trial takes place.

What is an arraignment?

No witnesses are testifying, and there are no jurors present. An arraignment is the first step towards the actual trial when a defendant stands before a judge and is told precisely what charges have been filed against them. Usually, the charges are in writing, but sometimes they come orally. The most significant part of the arraignment is when the defendant enters a plea of either guilty or not guilty.

Why is an arraignment important?

For the defendant, it gives your attorney the right of discovery to documents that the prosecution has in their possession. It’s also the first time that you and your lawyer will know what potential punishment you’re facing and how to create a game plan for combatting the charges against you.

What is the difference between a felony and a pretrial hearing?

The most significant difference in a felony case is the pretrial hearing, which takes place following the arraignment. At the pretrial hearing, if the judge decides that there is enough evidence that you committed the crime, they will choose to move forward with a trial.

What happens if you plead not guilty to a crime?

If you plead not guilty, a trial date will be set, as well as the amount of bail. If you decide to plead guilty, first consider striking up a plea deal with the prosecution.

Why do judges speak out in arraignment?

In these cases, a judge would speak out the specific charges so that the defendant would understand what potential punishment they faced and whether or not they should hire an attorney and secure witnesses.

Joel David Kershaw

I would agree with Mr. Jones. You can go to arraignment and plead not guilty, without an attorney; however, depending on whether you are charged with a misdemeanor or a felony, the steps and process will vary. To ensure the best results, I would encourage you to hire an attorney quicker rather than later.

Renee Lynn Wagenaar

The short answer is yes. But it must be said that a preliminary hearing will only occur for felony charges. And with that said, bond may be an issue during your arraignment, unless it is already set. If you were charged with a misdemeanor then you will not have a prelim after your arraignment and instead have a pretrial.

Joshua Duane Jones

There is no reason why you can't do this. An arraignment is something you can usually handle on your own, assuming there are no issues related to the bond. However, I say this with some caution. First, you should at least talk to an attorney first. One of the more important things...

What happens if a case cannot be resolved?

If the case cannot be resolved through a dismissal or an acceptable plea agreement, then the matter will proceed to trial. At trial, the prosecution must prove to a jury, beyond a reasonable doubt, that you are guilty of the crime that you’ve been accused of committing.

What is the first hearing in court when you are charged with a crime?

When you are charged with committing a crime, you will have an initial court hearing known as the arraignment. At this hearing, the judge will inform you of the crime (s) you have been accused of and will ask you whether you admit the charge (s) against you (“plead guilty”) or deny them (“plead not guilty”). [i]

What happens if you are denied an O.R. release?

If you are denied an O.R. release, are not granted bail, or cannot pay your bail, then you will remain in custody until your case is resolved.

Can you be released from custody at arraignment?

If you are in custody at the time of your arraignment, the Court may release you and allow you to remain out of custody for the duration of your case. [x] This is known as a release on your own recognizance or an “O.R. release.” Whether you will be granted an O.R. release will depend on such factors as the nature of the charges against you, your criminal history, and the likelihood that you’ll appear at all future court hearings. [xi]

Can a public defender be appointed?

A public defender, on the other hand, will not be appointed until your arraignment.

Can I retain a private attorney before arraignment?

You can retain a private attorney before your arraignment. A benefit of doing so is that you may be able to avoid attending your arraignment (and possibly missing work to do so). The private attorney can appear in court on your behalf. [v] There are exceptions to this rule if your case involves domestic violence, [vi] DUI, [vii] or a felony. [viii]

What happens if you can't afford an arraignment?

If you cannot afford one, the court you appear before will offer a lawyer for you. An arraignment gives a defendant an opportunity to enter a plea of guilty or not guilty once charges are read by a prosecutor before a trial date is determined.

What is an arraignment in court?

An arraignment refers to the first time you appear before a judge after an arrest. This should happen within the first 72 hours after your arrest. When you are taken before a judge after being arrested, you are referred to as a defendant. As a defendant, it is advisable to get a lawyer before your arraignment. If you cannot afford one, the court you appear before will offer a lawyer for you. An arraignment gives a defendant an opportunity to enter a plea of guilty or not guilty once charges are read by a prosecutor before a trial date is determined. You can get your case dismissed on an arraignment day and avoid going to trial.

How to dismiss a case based on false information?

Present all the information that you have gathered to your lawyer, and discuss the best way to proceed. The lawyer can file a motion to dismiss on the basis that the prosecution has based its case on false information. Wait for the arraignment day and when the court reads your charges, your lawyer can present the information you gathered regarding ...

Why is the prosecution misinformed?

There are some instances when the prosecution is misinformed because arresting officers may not get all the case details right. If any information contained in the crime reports is not accurate, this can be your basis to request a judge to dismiss your case during an arraignment hearing.

How long does it take for a case to be dismissed?

In some instances, the judge may issue an Adjournment in Contemplation of Dismissal. This means that your case can be dismissed within six months from ...

Can you get your case dismissed on arraignment day?

You can get your case dismissed on an arraignment day and avoid going to trial. Uncover all the details regarding your case before the arraignment day. This should include copies of the arresting officer’s notes, names of witnesses and their contact details, photos and videos from the crime scene, maps or diagrams the prosecution intends to use ...

What rights do you have to be advised of at arraignment?

In some states, courts are required to advise defendants of certain constitutional rights at arraignment, such as the right to trial, the right to counsel, and the right against self-incrimination. In some state courts, defendants are advised of their rights as a group before appearing in front of the judge.

What is a court arraignment?

An arraignment is a court proceeding at which a criminal defendant is formally advised of the charges against him and asked to enter a plea to the charges. In many states, the court may also decide at arraignment whether the defendant will be released pending trial.

What does it mean when a defendant pleads not guilty?

A not guilty plea means simply that the defendant is going to make the state prove the case against him. Guilty . If a defendant pleads guilty to a very minor crime at arraignment, such as disorderly conduct, the judge may sentence the defendant at arraignment.

What does "no contest" mean?

No contest ("nolo contendere"). If a defendant pleads no contest, he acknowledges that the prosecutor has enough evidence to prove he committed a crime but does not admit guilt – in other words, that he did it. When a defendant enters this plea at arraignment, the court proceeds in the same way it would proceed if the defendant pleaded guilty.

What does it mean to plead not guilty?

If a defendant pleads not guilty, the prosecutor must gather the evidence against the defendant and then give the defense an opportunity to review the evidence, investigate the case, and determine whether the evidence proves that the defendant committed the crime. A not guilty plea means simply that the defendant is going to make the state prove the case against him.

What does the court consider when deciding whether to release a defendant?

In deciding whether to release the defendant pending completion of the case, courts primarily consider: whether the defendant is a danger to the community. the defendant's criminal record. the defendant's ties to the community (how long he has lived in the community and whether he has family nearby)

Can a defendant be represented at arraignment?

In some states, the defendant has a constitutional right to be represented by counsel at arraignment. If the defendant wants an attorney present, the court cannot arraign the defendant without giving the defendant an opportunity to obtain counsel or appointing a public defender.