what happens if you go to an arraignment without a lawyer

You will not be jailed because you didn't hire an attorney. The judge may continue the arraignment so that you have time to hire a private attorney, or refer you to the public defender's office to see if you qualify for their services. The judge will probably give you the option between the two, and set a future date in your case.

Full Answer

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

If you go to your arraignment and you hear the charges against you but you don’t have representation, you can ask that the judge effectively press pause on the arraignment while you consult with an attorney or get a court-appointed attorney, and then continue the arraignment in a reasonable amount of time thereafter.

What does it mean to be arraigned in court?

Aug 08, 2012 · 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 …

Can a defendant plead not guilty at an 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. Advising the Defendant of the Charges. At arraignment, the court must inform the defendant of the charges against him. In some states, the judge must read the criminal complaint, indictment, …

What happens at an arraignment hearing?

Dec 20, 2021 · Should you not show up for your arraignment (felony) or have your lawyer attend (for a misdemeanor crime), a bench warrant can be issued immediately. This will result in you being arrested and sent to jail.

When Does Arraignment occur?

Arraignment must occur within a reasonable time after arrest. An unreasonable delay violates the defendant’s federal constitutional Sixth Amendment...

What Happens at Arraignment

How courts conduct arraignments and what occurs varies with each state’s laws and its state constitution.

Can A Defendant Waive Arraignment?

Criminal defendants usually have the option to waive arraignment, especially if a defendant has an attorney. Defense counsel can facilitate this pr...

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 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.

Can a defendant waive arraignment?

Criminal defendants usually have the option to waive arraignment, especially if a defendant has an attorney. Defense counsel can facilitate this process by communicating with the prosecutor and the court and submitting a waiver of arraignment in writing.

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 happens when a defendant pleads no contest?

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 is supervised release?

Supervised release. In addition or as an alternative to setting a bond or other conditions of release, the court can place a defendant in a supervised release program while his case is pending. In some states, this is known as pretrial supervision and is similar to being on probation while your case is pending.

What to do if you are arrested?

A knowledgeable attorney can give you information about the arraignment process in your state and discuss your options with you. Having counsel represent you at arraignment can reduce the stress of the arraignment process for you and ultimately might make a difference in what conditions of release the court imposes.

Should I get an attorney?

You should definitely get an attorney if you can afford one. Many attorneys will offer you a free consultation and many will offer different prices and payment options. The court will not automatically appoint the public defender. You have to apply and qualify for the public defender. On your first appearance date, you won't be jailed unless there is something unique about your case that increases your bail amount...

Should I be arrested at my first court appearance?

You should not be arrested at the 1st appearance. Instead the Judge will ask if you would like to hire an attorney. You should plead not guilty and assert your right to counsel.

Can you be locked up for an arraignment?

You will not be locked up for a first appearance on an arraignment docket just because you don't have an attorney. They will likely pass you case once to provide you with the opportunity to hire counsel.#N#As for your question about public defenders. No, they are certainly not...

Can you get locked up for court appearance?

You will not get locked up for making your timely court appearance. If you qualify for the Public Defender you will be appointed one on the day of court. If you feel you want the protection of a private attorney, many of us here on AVVO offer free consults. Call around for a more detailed analysis of your case.

Can you go to jail if you didn't hire an attorney?

Posted on Jun 18, 2014. You will not be jailed because you didn't hire an attorney. The judge may continue the arraignment so that you have time to hire a private attorney, or refer you to the public defender's office to see if you qualify for their services.

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.

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 you get a bench warrant for arrest?

If you were arrested and released from police custody, and you (or an attorney on your behalf) fail to appear at your arraignment, then the Court can issue a bench warrant for your arrest. [ix]

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]

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 ...

When do you have to appear before a judge?

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.

Can a lawyer file a motion to dismiss?

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 your case.