You do not have to explain your side to the prosecutor if you do not want to, as you have the right to remain silent and not say anything at all.
If you do choose to speak to the prosecutor, anything that you may say, may be used against you. In addition, you do not have to accept a plea bargain if one is offered as you have a right to a trial. Skip to Main Content. Loading Close. Do Not Show Again Close. An arraignment might seem like a trial — the defendant appears before a judge — but there are many differences:. Your attorney will be able to provide valuable legal advice and support during this time. Also during the arraignment hearing, your attorney can petition the judge to have the charges against you dropped.
Being able to get the charges dropped during the arraignment, without the time and expense of going to trial, can save thousands in legal fees. Additionally, you can have your attorney file a waiver of arraignment, which means you will not have to be present at your arraignment.
Unlike your credit report, which renews every years, an arrest can follow you around for the rest of your life. This may affect job applications, rental and mortgage applications, and even college entrance.
There are two ways to have your criminal records not reflect past mistakes- expungement and orders of non-disclosure — but neither are easy to obtain, especially without the help of an experienced criminal defense attorney.
Expungement effectively removes your arrest from the public record; it will be as if your arrest never happened, and you can legally deny that you were even arrested. Koury, Jr. Judge Stephen G. Baratta Judge Paula A. Roscioli Judge Anthony S. Beltrami Judge Craig A. If the judge decides that there is enough evidence to believe that the defendant committed a crime, the case will proceed to trial or more likely resolve by plea bargain—see below.
If not, the judge will dismiss the case. Federal law requires courts to make a probable cause determination as soon as is reasonably feasible, but no later than 48 hours after arrest. Some defendants hire lawyers before their arraignments, but many do not. If Mr. Lewis doesn't have an attorney and can't afford one, he should ask the court to appoint one. The court will appoint the public defender or a lawyer who has offered to represent indigent defendants as long as Mr.
Lewis' financial situation meets the standard of an indigent defendant. Defendants who don't yet have lawyers might be told to return to court after meeting with an attorney. Lewis should not be alarmed if his attorney tells the judge that he "waives formal reading and advisement of rights. Lewis from having to listen to the judge read it in front of a crowded courtroom. Now that Mr. Lewis has an attorney, the judge will want to address his custody status. The judge is required to set bail in all but the most serious cases.
Bail is money, property, or a bond paid to the court in exchange for a defendant's release from jail while awaiting trial. The purpose of bail is to ensure that defendants, once released, stay out of trouble and show up for future court dates if they fail to show up, the government gets the bail money. The prosecutor and the defense attorney will argue about the appropriate amount of bail. Alternatively, Mr. Lewis's attorney will argue for the court to release him with a promise to appear, called an "OR" own recognizance release.
The judge will consider the seriousness of the charges, Mr. Lewis's ties to the community such as residency, employment , and his criminal history when deciding whether to set bail and in what amount, or whether to release him on an OR.
In recent years, there's been a movement to restrict or eliminate cash bail, based on arguments that release on bail favors those who can afford to purchase it, rather than on the defendant's circumstances. Judges in bail reform states, such as California and New Jersey, evaluate a defendant's likelihood of appearing in court and risk to public safety, rather than ability to pay bail. These jurisdictions rely on pretrial supervision by probation officers and other conditions of release ankle bracelets, drug or alcohol treatment, stay-away orders to address public safety concerns.
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