If you have been arrested and are facing criminal charges in California, then you must act wisely as your life and freedom are on the line. The arraignment is often the first court hearing in the long criminal process. Understanding what happens at an arraignment, and having the right attorney by your side, can make all the difference in protecting your future. If you or a loved one has been charged with a crime, contact an experienced criminal defense lawyer for a free consultation and experienced legal representation.
What Happens at An Arraignment
An arraignment is the first court hearing in which the State formally presents the criminal charges against the defendant before a judge. At the start of the hearing, the judge will explain the defendant’s constitutional rights, including the right to counsel. All defendants facing criminal charges have the constitutional right to an attorney. If the defendant does not yet have an attorney, the judge may appoint a public defender or ask if the individual intends to represent themselves.
The most important part of the arraignment is the entry of a plea. The defendant must formally respond to the charges by pleading guilty, not guilty, or no contest (also called nolo contendere). Pleading guilty means accepting responsibility for the charges, while pleading not guilty contests them and sets the case on track for trial or negotiation. A no-contest plea is treated similarly to a guilty plea in criminal court but cannot be used as an admission of fault in related civil cases. Once the plea is entered, the judge may address if the defendant will stay in custody or can be released on bail or on their own recognizance.
What Happens After a California Criminal Arraignment?
After the arraignment, the case moves into the pre-trial phase. During this stage, both the defense and the prosecution may file pretrial motions, such as requests for discovery to obtain evidence. Pre-trial negotiations are also common, and many cases are resolved before trial through a plea agreement.
A plea bargain is an arrangement between the prosecutor and the defendant in which the accused agrees to plead guilty, usually in exchange for a reduced charges and lighter sentences. This process can save time, reduce stress, and conserve money for both the defendant and the State. However, any plea deal must be approved by the judge, who will only accept the agreement if it is fair and serves the interests of justice.
If no agreement is reached, the case proceeds to trial. The criminal trial may be heard by a judge or by a jury, who will weigh the evidence and issue a verdict. The verdict must be unanimous from the jury.
The Importance of Legal Representation During a California Arraignment
It is absolutely critical to have the advice of an attorney before your arraignment. An attorney can help explain the charges and possible consequences of the crimes if convicted. Although it may be tempting to plead guilty quickly in hopes of resolving the case, doing so without advice from a defense attorney can have lasting and irreversible consequences. While a not guilty or no-contest plea can sometimes be changed later, withdrawing a guilty plea is often extremely difficult, if not impossible. An attorney can explain the strength of the charges against you, evaluate available defenses, and recommend the best course of action based on the facts of the case.
Legal counsel is especially important if you believe your rights were violated, for example, if you were arrested without probable cause or if officers failed to read your Miranda rights. A skilled criminal defense lawyer will review the circumstances of your arrest, challenge improper procedures, and work to have evidence suppressed if your rights were infringed.
Contact The Law Office of Nicolai Cocis for California Arraignment and Criminal Court Representation
If you or a loved one are facing criminal charges in California, then you must take them seriously. The arraignment is only the first major step in the criminal court process, setting the stage for what follows. Having the guidance of an experienced criminal defense attorney is essential to understand the charges, make informed decisions, and plan an effective defense. At The Law Office of Nicolai Cocis, we are committed to fighting for our clients and pursuing the best possible outcome in every case. If you or a loved one is facing criminal charges in California, contact us today for a free consultation.to discuss your options and begin building your defense.
