what is arraignment lawyer status texas

In Texas, arraignments are covered under Title 1, Chapter 26 of the Code of Criminal Procedure. Do I have to appear for my arraignment? Not necessarily. Under Art. 26.011, a defendant’s criminal defense attorney may submit a waiver of arraignment.

Full Answer

What is an arraignment in a criminal case?

Considered the first formal step of the criminal court process, an arraignment is a pre-trial court hearing in which you are formally charged. Individuals charged with felonies, such as murder and aggravated assault, or misdemeanors, such as first offense DWI or crimes involving marijuana, in the state gets arraignments scheduled.

What happens at an arraignment hearing in Texas?

CHAPTER 26. ARRAIGNMENT. Art. 26.01. ARRAIGNMENT. In all felony cases, after indictment, and all misdemeanor cases punishable by imprisonment, there shall be an arraignment. Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966. Art. 26.011. WAIVER OF ARRAIGNMENT. An attorney representing a defendant may present a waiver of ...

Do I need a lawyer for an arraignment?

Apr 28, 2016 · While a felony case in Texas needs to be presented to a grand jury in order to obtain an indictment and misdemeanor charges are typically filed by a District Attorney or county attorney, the arraignment is the first step after an alleged offender has been arrested or criminal charges have been filed. These are typically short hearings, but can be very important to those …

What is the law of arraignment in art 26?

Oct 23, 2018 · An arraignment is required for all felony cases or misdemeanor cases punishable by imprisonment in Texas. During an arraignment, the defendant is informed of their charges and has the opportunity to enter a plea. It’s worth noting, …

What does arraignment mean in Texas?

An arraignment is a suspect's first court appearance following an arrest. The judge hearing the arraignment will publicly read the charges against the suspect and allow the suspect to enter a plea.Apr 18, 2019

How long after arraignment is trial in Texas?

According to the Texas felony process, trial will commence within 180 days of the arrest.

Can you go to jail at an arraignment?

Can You Go to Jail at an Arraignment? You do not go to jail at an arraignment. An arraignment is just the opportunity for you to hear what the charges against you are and for you to respond legally to those charges with a plea of guilty, not guilty, or no contest.

What is a arraignment legal term?

Definition. The first step in criminal proceeding where the defendant is brought in front of the court to hear the charges and enter a plea.

What happens after arraignment in Texas?

What happens during an arraignment in Texas is that the judge will ask you if you want to be appointed a lawyer after the charges are read. If you qualify for court-appointed counsel, the judge will appoint your representation. Then, you get the opportunity to enter a plea against the charges filed against you.

How long does Texas have to indict you on a felony charge?

Three yearsFor crimes not explicitly listed in Texas Code of Criminal Procedure § 12.01, a general statute of limitations applies to the indictment: Three years for felonies; and. Two years for misdemeanors.Jul 29, 2021

Which of the following occurs at an arraignment?

An arraignment is typically the first court proceeding in a criminal case. At the arraignment hearing, defendants are advised of the charges that have been filed as well as their legal and constitutional rights. Afterward, they are given an opportunity to enter a plea of not guilty, guilty, or no contest.Aug 21, 2021

How can charges be dropped before court date?

There are ways to have charges against an accused or defendant dropped even before the trial date. The typical action is to file a motion to dismiss. The defendant's lawyer can invoke various reasons for a motion to dismiss.Feb 2, 2022

What is the importance of arraignment?

An arraignment is usually a defendant's first court appearance in front of a judge and the prosecutor. The main purpose of the arraignment is to inform the defendant of the criminal charges against him or her.

What leads to arraignment?

Arraignment in Criminal Cases Criminal cases begin with an indictment, which is a formal notice of charges. The defendant is then charged and arrested. The defendant is brought before a judge and informed of the charges, referred to as the arraignment.

How is arraignment made?

The arraignment shall be made in open court by the judge or clerk by furnishing the accused with a copy of the complaint or information, reading the same in the language or dialect known to him, and asking him whether he pleads guilty or not guilty.

What happens at an arraignment for a misdemeanor?

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.

How long does it take to get an arraignment in Texas?

TIME OF ARRAIGNMENT. No arraignment shall take place until the expiration of at least two entire days after the day on which a copy of the indictment was served on the defendant, unless the right to such copy or to such delay be waived, or unless the defendant is on bail.

What happens if a court designee determines that the defendant does not speak and understand the English language?

If the court or the courts' designee determines that the defendant does not speak and understand the English language or that the defendant is deaf, the court or the courts' designee shall make an effort to appoint an attorney who is capable of communicating in a language understood by the defendant.

What Happens at an Arraignment in Texas

Several matters are addressed during this stage of the criminal process, including:

Entering a Plea at Harris County Arraignment

When a person has been formally charged with a criminal offense, he or she has three options regarding the plea he or she will enter:

Having Legal Representation for Texas Arraignment

There are several benefits to having an attorney represent you during this stage of the criminal process, including:

What is the Purpose of an Arraignment?

The purpose of an arraignment is to introduce the defendant and inform him or her of their legal rights. Additionally, a defendant has an opportunity to enter a plea during an arraignment. Not every trial has an arraignment. Most misdemeanors don’t require an arraignment, however those with prison time as a possible punishment do.

Pleas at a Arraignment Hearing in Harris County

During an arraignment, the defendant has an opportunity to enter a plea. There are three different pleas a person can enter which includes:

Benefits of Having an Texas Attorney During Arraignment

If you have been criminally charged, it’s important to have an attorney on your side as soon as possible. This includes during the arraignment phase. The following are some benefits of hiring an attorney early in the criminal process.

Additional Resources

Texas Arraignment Process – Visit the official website for the Texas Code of Criminal Procedure. Here, you can find more information surrounding arraignments, waiving arraignment, and how the court picks a court-appointed lawyer.

What is a DUI arraignment?

Following a DUI arrest, a defendant will be arraigned—usually within 72 hours. An arraignment is a pre-trial court hearing, and the initial step in a legal process.

The Texas DUI arraignment process

While the arraignment is not a trial, it is still a legal procedure and, therefore, a process:

Getting a skilled, experienced Texas criminal defense attorney at arraignment helps ensure the best possible outcome

Don’t wait to have your rights protected. Make sure you have a competent lawyer on your side from the moment you are arrested. To schedule a consultation with board-certified criminal defense attorney Andrew J. Williams, call our office at 281-358-9111 or contact us online. Do not speak until you’ve spoken to us!

What is the process of arraignment?

Arraignment. Once charges are filed, the accused is expected to make an initial court appearance, also known as an arraignment. He or she will be given a copy of the complaint, information or indictment and have the opportunity to have the charges read in open court, enter a plea and request a continuance.

What does the arresting officer have to inform the accused?

The arrest. The arresting officer must inform the accused that he has the right to: Remain silent; you know this part, "anything you say can be used against you in a court of law.". Consult with an attorney or have the court appoint one if those cannot afford one.

What happens if a judge rejects a plea deal?

If the judge rejects the deal, the defendant is given the opportunity to withdraw the guilty or no contest plea.

What are the rights of a defendant?

Defendant's rights. Innocent until proven guilty. The prosecutor must prove guilt beyond a reasonable doubt. Right against self-incrimination; the accused does not have to testify. Right to a speedy trial by an impartial jury. Right to cross-examine the state's witnesses. Right to subpoena witnesses to testify.

What is the meaning of "representation by attorney"?

Representation by an attorney or having one appointed. The option to remain silent. The presence of an attorney during any interview with police officers or attorneys representing the state. An examining trial, a hearing to establish reasons for the arrest or probable cause.

What happens if an officer fails to inform a suspect of their rights?

If the officer fails to inform a suspect of these rights, it does not mean that the charges will be dismissed automatically or that evidence will be thrown out.

How long does it take to get a judge to see you after arrest?

The law requires that the accused be seen by a judge within 48 hours after an arrest. The judge will inform him of the charges he faces and whether there is an affidavit, which is a sworn statement, supporting the charges.

What is the most important aspect of arraignment?

One of the most important aspects of the arraignment process is the entrance of a plea. The defendant or their attorney may enter a plea based on how they want the case to proceed:

Why do defense attorneys use appearances?

These appearances are used by the defense attorneys to demand that the prosecution presents all of the evidence that they plan to use in the court case. This will allow the defense attorney to make a determination about how the case should be handled.