What Happens During an Arraignment in Missouri?
Arraignment. Once you’ve been arrested and charged with a crime in Missouri, the next step in the criminal justice process is the arraignment. This is your first appearance in court, and it’s where the formal legal process begins. This is where you will be informed of the full charges against you and make an initial plea.
What is an Arraignment in Missouri?
An arraignment in Missouri is a formal court hearing where the accused is brought before a judge to be informed of the charges filed against them. This is the official start of court proceedings, and the judge will explain what crime or crimes the prosecutor has charged you with. Arraignment ensures that you are aware of the accusations against you (one of your Sixth Amendment rights) and that the legal process begins in an orderly fashion.
The Main Steps in an Arraignment in Missouri
While each arraignment is unique to the specific circumstances of the case, there are a few standard steps that occur during this process:
- Reading of Charges:
The judge will read the criminal charges out loud or present them to you in written format, ensuring that you understand the specific allegations being made against you. In some cases, the charges may be more severe or less severe than what you expected based on your arrest.
- Entering a Plea:
Once the charges are read, you will be asked to enter a plea. There are three common pleas:
- Guilty – Admitting to the charges.
- Not Guilty – Denying the charges and requesting a trial.
- No Contest (Nolo Contendere) – Not admitting guilt but also not contesting the charges. This plea cannot be used against you in a civil case, unlike a guilty plea. It does, however, mean that you accept the facts of the case against you are true, and your case will move directly to the sentencing phase.
In most cases, especially if you have a criminal defense attorney, you’ll plead not guilty to give yourself time to build a defense and review the evidence. Your lawyer will guide you through this step based on the specifics of your case.
- Bail or Release Conditions:
The judge may review or set bail or other conditions for your release while you await trial. The amount of bail depends on several factors, including the seriousness of the crime, your criminal history, and whether you’re considered a flight risk. In some instances, you may be released on your own recognizance, meaning no bail is required, but you promise to attend all future court dates.
- Appointment of Counsel:
If you do not have an attorney and cannot afford one, the court will appoint a public defender to represent you. Having a criminal defense attorney at this stage is crucial, as they will help guide you through the legal process and build your defense strategy.
- Scheduling Future Hearings:
The court will set future dates for hearings, including a pretrial conference, motion hearings, or the actual trial itself. The timing of these hearings can vary, but your defense attorney will make sure you are prepared and understand each step.
Why You Need a Lawyer at Your Arraignment
The arraignment may seem straightforward, but what happens here can significantly impact the direction your case takes. Having an experienced criminal defense attorney, like those at Combs Waterkotte, by your side can make all the difference in the following ways:
- Plea Advice: Your lawyer will advise you on the best plea to enter based on the circumstances of your case. In most cases, entering a not guilty plea gives you the time to fully understand the charges, review the evidence, and strategize.
- Bail Negotiation: Your lawyer can argue for lower bail or release on your own recognizance. This can be especially important if you cannot afford high bail amounts and need to be out of custody to help with your defense.
- Building a Defense: Early involvement by your lawyer helps to identify weaknesses in the prosecution’s case and begin preparing for motions to dismiss or suppress evidence that could be critical in your defense.
Common Questions About Arraignments
Do I Have to Attend My Arraignment? Yes, you are required to attend the arraignment. Failure to appear can result in additional charges or a warrant for your arrest.
Can I Change My Plea After the Arraignment? In many cases, you can change your plea later on, especially if new evidence arises or your attorney negotiates a plea deal with the prosecution.
What Happens if I Plead Guilty? Pleading guilty at arraignment usually leads to skipping straight to sentencing. It’s essential to consult your attorney before making this decision, as it waives your right to a trial.
Contact a Missouri Criminal Defense Lawyer for Your Arraignment
The arraignment is the beginning of what can be a long and complex legal journey. Having the right legal representation will allow you to protect your rights and get through this process with the best possible resolution to your case. At Combs Waterkotte, our experienced Missouri criminal defense attorneys are here to help you through every stage of your case, starting with your arraignment. Call us today at (314) 900-HELP or contact us online to schedule a free consultation and get the expert legal guidance you need.
