Quick Answer: What Happens At A Felony Arraignment Hearing?

Can a judge dismiss a case at an arraignment?

It is possible for the judge to dismiss your case during an arraignment if he or she sees you’re the officers and the prosecution have a shaky foundation on which to charge you.

Your attorney could ask the judge to drop the charges against you by filing a motion prior to your arraignment..

Can you get sentenced at an arraignment?

If a defendant pleads guilty to a very minor crime at arraignment, such as disorderly conduct, the judge may sentence the defendant at arraignment. … If the case is more serious, the judge probably will set a sentencing hearing and request a pre-sentence report.

What do you do at an arraignment?

During the arraignment hearing the prosecutor or judge would read the charges to the defendant so he understood what he was being charged with and could, in response, decide if he needed to hire an attorney, gather up witnesses and other evidence or simply plead guilty.

What should I expect at my first court appearance?

The initial court appearance is usually pretty brief (1-10 minutes). The main actions that occur at the initial appearance are: The judge will provide the defendant with a copy of the criminal complaint. The complaint will list the charge or charges and the maximum possible penalty upon conviction.

What 3 things happen at an arraignment?

What happens at the arraignment?the court tells the abusive person the crimes it is charging them with;the court tells the abusive person that they has the right to a lawyer;the abusive person says if they are pleading guilty or not guilty;More items…

What happens at a felony sentencing hearing?

At your sentencing hearing, the judge will review the pre-sentence report (prepared by the probation office) and hear arguments from both the prosecutor and the defense attorney–and sometimes, the victim.

What are the steps in arraignment?

Steps in a Criminal CaseStep 1: Arraignment. The first step in a criminal case is a court appearance called an arraignment, in which the charges against the defendant are read before a judge. … Step 2: Preliminary Hearing. … Step 3: 2nd Arraignment (Superior Court) … Step 4: Pretrial Hearing & Motions.Step 5: Jury Trial.

What should I say to the judge at sentencing?

But during the sentencing hearing, when the judge asks the defendant if he has anything to say, the defendant should speak sincerely. Instead of reading, stand straight. Let the judge look into your eyes. Show the judge that you are remorseful.

What happens after you accept a plea deal?

When people accept plea bargains, the criminal outcome is very similar to pleading guilty to a charge. … The judge will review the plea bargain, and if he or she wants to tweak any aspects of the deal, he or she can fine-tune the proposed sentence based on the facts of the case and the nature of the crime.

How long can they hold you in jail before arraignment?

Despite the Supreme Court ruling that initial appearances that are combined with probable cause hearings must be held within 48 hours of arrest, many jurisdictions provide a 72-hour window for arraignment.

Should I plead not guilty at arraignment?

You should definitely plead NOT GUILTY to your criminal or traffic charge! The first court hearing is called an arraignment. … If you were to plead “guilty,” the Judge would set your sentence on each of your charges to whatever he or she wants within the minimum and maximum sentence allowed by law.

How long does it take for a criminal case to go to trial?

A misdemeanor trial may take anywhere from one day to two weeks. How long does a felony trial take? The length of a felony trial depends on the nature of the case. Generally, felony cases take between two months and one year to complete.

What happens when a person is booked into jail?

After an arrest, a criminal suspect is usually taken into police custody and “booked,” or “processed.” During booking, a police officer typically takes the criminal suspect’s personal information; records information about the alleged crime; performs a record search of the suspect’s criminal background; fingerprints, …

How do I prepare for a sentencing hearing?

How Can I Prepare for My Sentencing Hearing?Meet and cooperate with your probation officer. After all, it is the probation officer who will recommend penalties and punishment to the court. … Employment. If not incarcerated prior to sentencing, it is critical to present lawful employment to the court. … Good behavior. … Recruiting of favorable witnesses.

What happens at a felony arraignment?

At a felony arraignment, the court will inform the defendant of the substance and details of the charges against him. Typically, defendants receive a copy of an indictment or the details of the charges against him. After the court apprises a defendant of all charges, he is then asked how he would like to plead.

What happens next after an arraignment?

In felony cases, after the arraignment, if the case does not settle or get dismissed the judge holds a preliminary hearing. At this hearing, the judge will decide if there is enough evidence that the defendant committed the crime to make the defendant have to appear for a trial.