If this is your first arrest, or a loved one has been taken into police custody, the whole process is understandably very stressful. What makes matters worse is the confusing technical jargon you’ll hear that can worsen the situation.
With reputable lawyers on your side, such as TDE Criminal Defense Attorneys, terms like “arraignment” and “bail hearing” are broken down in easy-to-understand language. This helps you prepare for the process to come.
What is an Arraignment?
After an arrest or charge has been made against an individual, an arraignment is the first court appearance they will be expected to attend. It’s like an introduction to the court proceedings and sets the ball in motion, depending on what plea the defendant, or the charged person, makes.
What Usually Happens During an Arraignment?
During an arraignment, the charges are read out by a judge or prosecutor. This is a list of the crimes that the individual has been charged with.
An arraignment also features a part where the defendant’s rights are explained. The most common rights are the right to remain silent, where the defendant doesn’t answer questions for fear of further incrimination, for example. Also, the right to have an attorney present throughout the process. If the defendant cannot afford a lawyer, a public defender is appointed by the court.
The plea hearing is another important aspect of an arraignment. Defendants can either plead guilty, not guilty, or no contest. Basically, either they claim innocence, admit to the crime, or accept the punishment with no admission to the offense they were charged with. Whatever they choose, this is revealed during the arraignment.
Upon hearing the plea, the judge will make their decision regarding bail. This leads to our next section, explaining all about bail hearings.
Bail Hearings Explained
So, what exactly is “bail”? Bail means the difference between waiting out a trial in jail or in the comforts of their own home. A bail hearing lets the defendant know what their next few months will look like ahead of a trial.
However, money is required to secure the bail, as a guarantee that the defendant will show up to court on the assigned date. The amount of the bail payment depends on the severity of the offense. Following the trial, and if everything goes according to the law, the bail money is returned. If a defendant can’t afford bail, they remain in police custody.
What Happens When Bail is Granted
If bail is granted, and the amount can be paid by the defendant or a loved one, they can return to their place of residence. There are terms to be met as part of bail being granted. The judge may set certain limitations, such as curfews and travel restrictions. Not sticking to the rules can result in bail being revoked.
…When Bail is Denied
In some cases, the judge or prosecutor decides not to grant bail. When bail is denied, this means that the defendant has to enter pretrial detention. Unfortunately, defendants can remain in jail for weeks or months as they wait for their case to be built up and a trial date set. There may be an opportunity for bail reviews or appeals should new evidence come to light.
Factors a Judge Considers When Granting Bail
There are several factors that guide the judge or prosecutor’s decision when granting bail. The first being the severity of the crime. If a crime is severe and the defendant is likely to be a risk to the public and/or themselves, then bail is usually denied.
Bail may also be denied if the defendant has a previous criminal record or is likely to flee if released from police custody. Failing to show up in court for prior offenses is unlikely to result in a favorable outcome at a bail hearing.
However, if there is evidence that the defendant is a valued member of the community through their employment or volunteering, this could work in their favor. A judge may see this as sufficient grounds to grant bail.
How a Criminal Defense Lawyer Can Help
From the moment of arrest, a criminal defense lawyer can get to work building up a case in your favor. Choosing your own attorney, rather than being assigned a court-appointed public defender, is preferable because you can receive more specific help. If a criminal defense lawyer has expertise in the charges that have been filed against you or a loved one, there is a higher likelihood of a favorable result.
Not only can a criminal defense lawyer help throughout the entire process, but they can also increase your chances of being granted bail or appealing against denied bail. Alongside fighting your corner, a criminal defense lawyer is there to explain what is happening, prepare you for the next steps, and to answer the many questions you must have during this confusing time.
