An arraignment can lead to a number of pretrial motions that are important to be aware of. The arraignment is the first step when the client is charged–however, pre-trial motions (see below)–can prevent prosecutors from certain courtroom strategies. Once you are arraigned, you’ll receive more court dates, perhaps a plea deal, and begin the procedural court process.
What Is Arraignment?
Arraignment is a court proceeding where a defendant is initially brought into court. The court “arraigns” the accused with criminal charges filed against them. Accusations are usually read aloud or written down and passed to the accused and criminal defense attorney.
The primary goal of an arraignment is to inform a defendant of the charges filed against them in court. This is when you are able to say Guity, Not Guilty, or No Contest. Depending on the charge, there will likely be a bail hearing that determines whether or not the defendant is a flight risk or a danger to others while other court matters are still pending. In a criminal case, arraignment is the first step where the defendant appears in court to hear the formal charges and may enter a plea. Your criminal defense lawyer will also address bail conditions and set timelines for the case’s progression.
Why Would You Be Arraigned?
The arraignment process is common for a number of different crimes. This step is often associated with:
- Criminal Charges Filed: An arraignment is required when an individual is formally charged with a crime, ranging from minor misdemeanors to serious felonies.
- Arrest and Custody: After an arrest, the defendant is brought before a judge for an arraignment to be informed of the charges and to address bail or release conditions.
- Warrant Issued: If a warrant is issued for someone’s arrest and they are taken into custody or voluntarily surrender, an arraignment is held to initiate the legal process.
- Indictment by a Grand Jury: In serious crime cases, after a grand jury issues an indictment, the defendant is arraigned to formally enter a plea.
- Citation or Summons: Individuals may receive a citation or summons to appear in court for certain offenses, where the arraignment allows them to enter a plea and set further proceedings.
- Probation Violations: An arraignment may be held if someone is accused of violating their probation terms to address the alleged violation and determine the next steps.
- Failure to Appear: If a defendant fails to appear for a scheduled court date, a bench warrant may be issued, and they will be arraigned on new charges related to the failure to appear, in addition to the original charges.
These processes are put in place to protect a defendant’s rights and privileges.
The Arraignment Process
Typically, the order of operations includes:
1. Pre-Trial Motions: Your criminal defense lawyer will address legal issues before the trial even begins. Depending on the specifics of your case, they may argue for case dismissal, suppressing evidence, or changing where the trial takes place due to a number of factors. These motions are designed to protect an alleged criminal’s rights and to ensure the process protects a defendant’s rights.
Criminal defense lawyers play a crucial role in the pre-trial phase, especially when it comes to filing and arguing pre-trial motions. These motions are legal requests made before the trial begins, aimed at shaping the trial’s outcome or even preventing it from happening.
There are a few common motions that can be requested before proceeding an actual trial. These include:
- Motion to Dismiss: A motion to dismiss is a legal request made by the defense to have a case thrown out before it proceeds to trial. This motion is typically based on procedural errors, such as a violation of the defendant’s rights, or due to a lack of evidence that fails to sufficiently link the defendant to the alleged crime. For instance, if the prosecution’s case is fundamentally flawed—such as missing critical evidence or failing to establish probable cause—the defense may argue that the state does not have enough evidence to convict beyond a reasonable doubt. A judge may dismiss the charges altogether.
- Motion to Suppress Evidence: A motion to suppress evidence is a request to exclude specific evidence from being presented during trial. This motion is often filed when the defense believes that the evidence was obtained illegally, such as through an unlawful search and seizure, or if the evidence was tampered with or planted. For example, if drugs or a weapon were found in a manner that violates the defendant’s Fourth Amendment rights, the defense may argue that this evidence should be suppressed, meaning it cannot be used against the defendant in court.
- Motion to Change Venue: A motion to change venue is for moving the trial to a different geographical location before case proceedings. This request is usually made when there is concern that a fair trial cannot be conducted in the original venue due to factors like extensive media coverage, public bias, or community sentiment that could influence the jury’s impartiality.
- Motion in Limine: A motion in limine is filed to request that certain evidence or information be excluded or limited before it is presented in front of a jury. This type of motion is often used to prevent potentially prejudicial or irrelevant information from influencing the jury’s decision. For instance, if certain facts could unfairly bias the jury or lead them to make a decision based on emotion rather than fact, the defense may seek to have that information barred from the trial. The goal of a motion in limine is to ensure that the trial remains fair and focused solely on the pertinent legal issues.
- Motion to Strike: A defendant has the right to motion to strike prior convictions from the trial. Other convictions may impact a jury’s decision and allow the defense time to review the case and prepare.
By filing and arguing one or any number of these motions, criminal defense lawyers work to protect the rights of their clients, weaken the prosecution’s case, and set the stage for the best possible outcome at trial.
2. Discovery Process: The discovery process is a critical phase in criminal proceedings where both the defense and prosecution are required to exchange evidence, witness lists, and other relevant information related to the case. This phase is designed to ensure transparency, allowing both sides to fully understand the evidence that will be presented at trial.
During discovery, legal teams gather crucial details like police reports, forensic evidence, witness testimonies, and more that could influence the outcome of the trial. The information exchanged during discovery allows the defense to identify any weaknesses in the prosecution’s case and develop a robust strategy to defend their client. Similarly, it enables the prosecution to prepare counterarguments and reinforce their case against the defendant. Discovery promotes fairness and makes sure that both sides able to present their arguments.
3. Plea Bargaining: The prosecution will often offer a plea deal (bargain), where the defendant has the opportunity to plead guilty to a lesser charge in exchange for reduced penalties. This can include a shorter sentence, reduced fines, or even the dismissal of certain charges in exchange for pleading guilty to other ones. Plea bargaining is a common practice as it can expedite the legal process, avoiding the uncertainty and length of a full trial. While this option may provide the defendant with a more favorable outcome, it’s important for the defendant to review the terms of the deal thoroughly with their defense lawyer, as accepting a plea bargain also means waiving the right to a trial by jury and potentially accepting a criminal record. The decision to accept or reject a plea deal should be made with the guidance of an experienced attorney who can assess the strength of the prosecution’s case and negotiate the best possible terms on behalf of the defendant.
4. Trial Preparation: If a plea deal is not reached, both the defense and prosecution will move forward with trial preparation following the arraignment. This process involves meticulously organizing and reviewing evidence, interviewing and preparing witnesses, and gathering character witnesses who can testify on behalf of the defendant. Both sides will also spend time crafting compelling arguments and developing legal strategies aimed at persuading the judge or jury. Additionally, this phase may include the filing of various pre-trial motions to address issues such as the admissibility of evidence or to challenge the validity of the prosecution’s case. The thoroughness of this preparation is crucial, as it sets the stage for how the trial will unfold and can significantly influence the outcome of the case.
5: Court Date: If the case proceeds, the court will schedule a specific date for the trial or hearing. It is crucial for the defendant to attend this court date, as failing to appear can have serious legal consequences. If the defendant misses the scheduled date, the court may issue a warrant for their arrest, commonly known as a “bench warrant.” This means that if the defendant is later stopped by law enforcement, such as during a traffic stop where their license is checked, they could be immediately taken into custody. Missing a court date can negatively impact the defendant’s case, potentially leading to additional charges or penalties.
Depending on the crime and its severity, there may also be a set bail either upon detainment and arrest or directly from a judge. Bail is typically set during the arraignment. During the arraignment. The judge will either set bail, release the defendant, or deny bail based on the charges.
Arraignment in Missouri
In a criminal case, arraignment is a crucial initial step where the defendant appears in court to hear the formal charges and potentially enter a plea. It’s at this stage you may want to hire a criminal defense attorney to help you through the process.
To summarize, arraignment allows you time to you and your legal team to look for inconsistencies, collect medical records (if applicable), decide what evidence can be presented, and can even lead to a case dismissal or sentence reduction.
