After an arrest, one of the first steps in the court process will be the arraignment. There are several things you can expect to happen at an arraignment, which must occur within 72 hours after an arrest.
The purpose of an arraignment is to inform the accused about what he or she has been charged with, as required by the Sixth Amendment. An arraignment assures that someone is not in jail for longer than necessary without knowing the charge or charges.
Things you Can Expect to Happen at an Arraignment
An arraignment usually requires the defendant’s appearance in court. However, video arraignments are a possibility, such as when an arraignment must be held on a weekend.
Either a judge or magistrate can lead the arraignment at the district court that oversees the city where the alleged crime occurred. Arraignments occur for both misdemeanors and felonies.
Things you can expect to happen at an arraignment include learning what the charges are and the possible sentences. The defendant also is informed of his or her constitutional rights, such as the right to a trial and to be represented by an attorney.
One of the main things you can expect to happen at an arraignment is the setting of the bail amount. The amount of bail that is set depends upon a variety of factors. They include:
• The type of crime.
• The severity of the crime.
• The defendant’s criminal history.
• If there is a chance the person will not return to court.
• The safety of the public.
According to law, the bail amount cannot be excessive. In some cases, however, bail can be denied altogether, such as if the person is believed to be a flight risk.
In Michigan, there are four types of bonds: cash bond, 10 percent bond, cash or surety with no 10 percent option, and personal recognizance.
A defendant can post his or her own bond, can request help from friends or family, or can seek services from a bail bond agent.
If the alleged crime is a misdemeanor, the defendant can enter a plea – such as guilty or not guilty – during the arraignment.
If the crime is a felony, the defendant instead would be informed about the next step in the process: a preliminary examination of the evidence. The preliminary exam must take place within 14 days after the arraignment. Often, the preliminary exam is waived so that the case can proceed to circuit court, where another arraignment will occur. Several procedures and hearings and processing of legal filings will then occur in the weeks or months leading up to the trial.
Contact Detroit Bail Bonds for More Information
If you need specific information about the things you can expect to happen at an arraignment in your particular case, feel free to reach out to us anytime. We can be reached through our Detroit Bail Bonds website or by phone at 313-244-0669. We are here to answer your questions or direct you to resources that can assist you.
Tags: Arraignment Process