in

[Solved] Do You Go To Jail After Arraignment?

An arraignment is a formal hearing where a prosecuting attorney formally reads the charges against you or a loved one and a judge decides on release conditions. Arraignments are done day in and day out in courts all over Washington and our criminal defence lawyers | attorneys have attended literally thousands of felony and misdemeanor arraignments. We think the most important thing we can do for our clients is take the time to make sure they know all the scenarios that might happen. From our perspective, the most important things that happen at an arraignment are: (1) our clients enter a plea to the charge of Not Guilty and we argue with the prosecuting attorney about what the Conditions of Release a judge should set in our case 👍 [1]
If the court allows a surety bond, a bondsman or bail bondsman is permitted to deposit a percentage of the bond amount with the court with a contract that the bondsman will pay the balance of the bond if the defendant does not appear for court and cannot be located. The defendant must pay the bondsman a non-refundable portion of the bond (usually ten percent) and provide collateral (such as a deed to a home or other piece of real estate) or a co-signor, or both, to guarantee his appearance. If the defendant disappears and the bondsman is required to pay the bond to the court, the bondsman can collect that money from the co-signor or take possession of the collateral. (emended by Shaunelle Hare on September 24, 2021) [2]
Image #2
Being accused of an infraction can be an upsetting experience. Previously, many traffic and other charges were crimes. The legislature has decriminalized many traffic, parks, wildlife, and fisheries offenses. These offenses are now called infractions and are civil cases. If you pay a penalty, mitigate, or if a judge finds you have committed a traffic infraction at a contested hearing, the state law requires that the infraction be reported to the Department of Licensing. The infraction will then appear on your driving record. Neither the court clerk nor the judge has the authority to keep the infraction off your record. If you win at a contested hearing and the infraction is dismissed, it is not reported to the Department of Licensing and will not appear on your driving record. [3]
Image #3
Based around an article from criminaldefenselawcenterwestmichigan.com, we receive many calls from people wondering why they were not offered the services of an attorney at their arraignment. The main reason why people do not get offered the help of a court appointed attorney is the fact that they are not facing jail time if convicted of the crime. Counsel will only be appointed when the judge feels there is a possibility of jail time upon conviction of the charges. The other reason why a person may be denied a court appointed attorney or a public defender is they make too much money and the judge feels the defendant can afford to hire their own attorney. (thank you to Stefon Egan from Agadir, Morocco having pointing this out to us). [4]
Occasionally, there are DUI arrests where a person is processed for DUI but they are not given a Court date. This most typically happens when a person is under suspicion for DUI based on a controlled substance rather than alcohol. When an officer suspects impairment on the road side, the officer’s first response is to determine if alcohol is a factor through the use of a portable breath test (PBT). When a person blows 0.00 on the “PBT” and the officer still believes that the individual is impaired, the detention escalates to a more formal procedure where the officer may need a warrant to draw the blood of the suspect. At this point, the stop has escalated, and it can go one of two directions. [5]
As stated by the specialists from nycourts.gov, the arraignment is the first time you go to court in front of a Judge. At the arraignment, you are told what the charges are against you and what your rights are, like the right to a trial and the right to have an attorney appointed for you if you don’t have the money to hire one. After you have been given an attorney, you then answer the charges. You answer the charges by telling the court if you are guilty or not guilty. This is called the plea. Before the plea, your lawyer and the prosecutor may talk about settling your case without having a trial. This is called Plea Bargaining. If you plead not guilty, you will get a court date for a hearing or trial. If you plead guilty, the court will decide your punishment. This is called the Sentencing. (last emended 13 days ago by Kaylan Ramirez from Liege, Belgium) [6]

Article References

  1. https://rhodeslegalgroup.com/criminal-law/arraignments-misdemeanors-felonies-formally-charged/
  2. https://www.criminaldefenselawyer.com/resources/criminal-defense/criminal-defense-case/criminal-arraignment-what-expect
  3. https://www.nocuffs.com/court-process/
  4. https://www.criminaldefenselawcenterwestmichigan.com/arraignment/
  5. https://wittlegal.com/blog/am-i-going-to-go-back-to-jail-at-my-arraignment
  6. https://nycourts.gov/Courthelp/Criminal/arraignments.shtml
Mae Chow

Written by Mae Chow

Passionate about writing and studying Chinese, I blog about anything from fashion to food. And of course, study chinese! I'm a passionate blogger and life enthusiast who loves to share my thoughts, views and opinions with the world. I share things that are close to my heart as well as topics from all over the world.

What Is The Dcfs Investigation Process? [10 Replies Found]

(Solved) At What Altitude Do You Need Oxygen When Flying?