Question: Will I Go To Jail At My Arraignment?

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 charges be dropped at first appearance?

A charge can be dropped before or after a charge has been filed. You may need a charge dropped by the prosecutor, or you may need a charge dismissed by the prosecutor, though a court also can dismiss a charge if the prosecutor has made a fundamental legal error in the case.

What happens if you do not show up for an arraignment?

If you or your attorney fails to appear (commonly referred to as an FTA), the court will generally issue a California bench warrant. A California bench warrant authorizes law enforcement officers to arrest you and bring you directly to court. Failing to appear on a felony case may trigger a separate felony charge.

Is jail time mandatory for a felony?

California Felony Sentences California law authorizes the court to impose a sentence for a felony conviction. The fact that a sentence is authorized does not necessarily mean that a sentence will be imposed. Unless the law requires a sentence to jail or prison, a judge might instead place the defendant on probation.

Can you get a public defender before your court date?

In Criminal Cases If you have not bonded out, the court will automatically appoint a public defender for you at your first court date, called your arraignment. If you have bonded out and wish to be represented by a public defender, you must fill out an application and present it to the judge at your next court date.

Do first time felony offenders go to jail?

Some crimes have a jail sentence no matter what. … First time offenders that committed a non violent crime and have no past criminal history will most likely get a suspended sentence, probation and fines. Suspended means you don’t have to serve the jail time as long as you do your probation and pay the fines.

How long can they hold you in jail before arraignment?

48 hoursFollowing your arrest, the next step in the criminal process is the arraignment. California Penal Code section 825 requires that a defendant being held in custody for a misdemeanor or a felony must be brought before a judge “without unnecessary delay” and within 48 hours of his or her arrest, excluding Sundays and …

Do I need a lawyer at my arraignment?

While you’re not required to have a lawyer present at arraignment, you have a legal right to one, in part because courts recognize the importance of arraignments in the criminal process.

How do you avoid jail time for a felony?

15 Key Steps to Avoid Prison on Felony ChargesRemain Silent, it’s your Right, use it! … Remain Calm; and Silent. … Hire Experienced Criminal Defense Counsel Immediately. … Do Not Discuss Your Case. … Understand your Charges. … First, Defense Attorney; Second, Bondsman. … Don’t lie to your Attorney. … Do not speak to your family or friends about your case.More items…•

What can I expect at an arraignment hearing?

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 is the main purpose of the arraignment?

An arraignment is usually the first part of the criminal procedure that occurs in a courtroom before a judge or magistrate. The purpose of an arraignment is to provide the accused with a reading of the crime with which he or she has been charged.

Will I be drug tested at my arraignment?

If you are not on bond or not currently on probation, you are not facing any drug testing. However, at your arraignment, don’t be the least surprised if you are required to test.

What is the minimum sentence for a felony?

In general, felony offenses, whether state or federal, carry a minimum sentence of one year in prison. Federal felony crimes are divided into classes, with increasing maximum sentences based on the severity of the crime: Class “E” felonies are the least serious and carry penalties of up to three years in prison.

Can you be put in jail at arraignment?

An arraignment is a court proceeding at which a criminal defendant is formally advised of the charges against him and is asked to enter a plea to the charges. … Some states require arraignments in all felony and misdemeanor cases – any case in which the defendant faces possible incarceration, whether in jail or prison.

What happens 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.

Should I get a lawyer before being charged?

It’s best to hire an attorney before charges are filed against you. If you are accused of a crime, you may not take the accusations seriously because actual charges have not been filed against you. However, just because you have yet to be charged with a crime does not mean charges won’t be filed against you.

How can I get probation instead of jail time?

There are a number of ways to attempt to get probation as part of your sentence. First, consult with an experienced criminal defense attorney. Your lawyer will review your case, assess the factors involved, and develop a recommendation that the court punish you through probation instead of sending you to jail.

When you bail someone out of jail are you responsible for them?

You won’t be criminally liable for the defendant’s actions, but you will be civilly liable. It is important for you to understand the bail bonds process and your responsibilities as an indemnitor before you enter into a bail bond contract on someone else’s behalf.