What Is an Arraignment?
If you face a criminal charge in Georgia, your case will follow an established criminal process. An arraignment is a step in the process that occurs early in a criminal case, following the arrest or issuance of a citation. Retaining an experienced criminal defense attorney to represent you in a criminal case is always important. It is crucial to talk with a knowledgeable lawyer before you attend an arraignment.
What Happens at an Arraignment?
An arraignment is a court hearing that typically occurs within 48 to 72 hours of an arrest, or within a few days or weeks if there was no arrest. The arraignment may be the defendant’s first appearance before a judge.
Arraignment is not a trial, but it is a formal hearing that serves several purposes. The first is to ensure that the defendant fully understands the nature of the charges. The information may be provided in written documents. A defendant may also request that the charges be read out loud.
After informing the defendant of the charges, the judge makes certain that the defendant understands their constitutional rights. Every defendant’s rights include the right to a jury trial, the right to have legal representation, and the right to refrain from self-incrimination.
Following the first two phases of the arraignment, the judge asks the defendant to enter a plea in the case. A defendant may plead guilty, not guilty, or nolo contendere (sometimes referred to simply as nolo). The plea entered at arraignment determines how the rest of the criminal process unfolds. We provide detailed explanations about specific types of pleas in these blog articles:
- Why You Should Not Plead Guilty to a Georgia Criminal Charge
- What It Means To Plead Nolo Contendere in Georgia
If the defendant was in custody prior to arraignment, the court also may determine the terms of release at the arraignment, including the amount of bail and the conditions of release.
Do You Need a Lawyer for an Arraignment?
You should not attend an arraignment without legal representation. It is always advisable to retain legal counsel to defend against criminal charges immediately after arrest, or even before arrest if you know you are under investigation. Attending an arraignment and entering a plea without talking to an attorney is a serious mistake that likely will result in the consequences of the charges being much more severe than they would be if you have legal representation.
Talking with a lawyer before arraignment is essential for several reasons. One significant reason is that certain motions relating to the case must be filed before, during, or within a very limited time after the date of arraignment. These motions protect the defendant’s legal rights and can make a substantial difference in the outcome of the case. A defendant who does not have legal representation can unknowingly give up the right to file those motions.
Do You Have to Attend an Arraignment?
When a defendant receives notification of an arraignment, the notice cannot be ignored. However, depending on the type of criminal charge, some Georgia state courts permit a defendant to waive formal arraignment. Municipal Court arraignments cannot be waived. Legal counsel is crucial if a defendant wants to waive arraignment with a proper court filing. The specific contents of the waiver will affect other legal aspects of the case, such as motions and discovery.
If a defendant waives arraignment with assistance from a criminal defense attorney, the attorney makes certain that the defendant fully understands the charges and their legal rights relating to the criminal process. Waiving arraignment is typically accompanied by the defendant entering a plea of not guilty. Following the waiver, the defense attorney and the defendant prepare for trial. The defendant’s lawyer also discusses the case with the prosecutor to explore the terms of a potential plea agreement.
The Georgia Criminal Process
Arraignment is only one part of the overall criminal process in Georgia. The process is based on complex laws and rules of court and can be intimidating to a defendant. Getting assistance from an experienced criminal defense lawyer is the best way for a defendant to have confidence in navigating the process while fully protecting their legal rights.
Our lawyers at Criminal & DUI Law of Georgia provide an overview of the Georgia criminal process in the blog article, What Is the Criminal Process in Georgia? If you face any type of criminal charge, we encourage you to reach out to us as early in the process as possible.
Schedule a Consultation with an Experienced Georgia Criminal Defense Lawyer
Our criminal and DUI defense lawyers at The McCoy Law Firm, LLC have decades of experience representing defendants facing all types of misdemeanor and felony criminal charges throughout northwest Georgia. If you are under investigation or are facing any criminal charge, please contact Criminal & DUI Law of Georgia, so we can begin working on your case right away.