What happens at an Arraignment

WHAT HAPPENS AT AN ARRAIGNMENT?

If you have never been charged with a crime before, the whole process can be frightening. People charged with crimes sometimes nervously ask me what happens at arraignment. There is no need to panic about an arraignment. Very little actually happens. Your case will not end at this hearing and you will almost certainly have another court date. If you are in custody in the state of Washington, you are entitled to what is called a Gerstein hearing within 48 hours. If you do not receive this hearing, you must be released from jail. The purpose of the Gerstein hearing is to determine whether probable cause exists to justify your arrest. If you remain in custody you have the right to a trial within 60 days of arraignment in Washington State.

If you are reading this, you are most likely not in custody and therefore did not have a Gerstein hearing. Your first court date will be an arraignment. At an arraignment, you will be informed of the charges against you and will be advised of your constitutional rights. These rights include the right to a jury trial, the right to a speedy trial, the right to remain silent and not incriminate yourself, the right to a lawyer, the right to confront and cross examine witness against you, and the right to present evidence in your favor. You will be given a form to sign that indicates you have been advised of your rights and understand them. When your name is called, you will stand in front of the judge with your lawyer, or if you don’t have a lawyer, the Public Defender will represent you at this hearing. The arraignment usually only lasts a minute or two. Your lawyer will hand the judge the form you signed, ask for a jury trial, and request that the judge enter a plea of not guilty. The prosecutor or judge may inform you of the charges and the judge may ask you if you understand your rights.

The judge may also ask your lawyer if he or she agrees that probable cause exists. Generally, the lawyer will say that you admit probable cause exists for purposes of ARRAIGNMENT ONLY. In some cases, the prosecutor or judge may wish to have certain conditions imposed if you wish to remain out of custody. Depending on your charge, these conditions could include no driving without a valid license and insurance, no driving without an ignition interlock device, no consumption of alcohol, or there may be a condition requiring you to stay away from certain places or people.

In some cases, the judge may require you to post bail. This happens only in cases where the judge believes that you are a danger to the public, there is a probability that you may harm someone, or that you are a flight risk. If you are a habitual traffic offender, you are being charged with DUI, and the BAC was particularly high, the judge may find that you are a danger to the public and ask that you post bail as a condition of your continued release. If you are being charged with assault and you are accused of threatening the alleged victim, the judge may require bail. To determine whether you are a flight risk, the judge will look at your ties to the community. These ties include whether you live in the area permanently, the length of time in which you have lived in the area, whether you are employed in the area, the length of time you have worked for your current employer, and whether you have friends and family in the area.

If your are out of custody, you have the right to a trial within 90 days of arraignment. Once your plea is entered, your next court date (the pretrial hearing) will be set. You will then go to the clerk and receive a slip with your next court date. That’s it. Most of the time spent at arraignments is waiting for your name to be called. People who are represented by a private attorney usually are called first before the public defender begins handling the arraignments.

The summons you received in the mail will tell you the time of your arraignment. Everyone who has an arraignment that day will receive that same time. If your summons says that you are supposed to be in court at 8:45 a.m., you may not actually be called to go in front of the judge until 11:30 a.m., depending on how many other people have arraignments that day and how the court determines the order in which people’s names are called. Some courts do it alphabetically. Even though you most likely won’t be called at the time your summons tells you to be there, don’t be late. If you miss the arraignment, the judge will issue a bench warrant for your arrest. Some judges issue warrants just minutes after court is in session and they are aware that you are not present.

If you’re running late, make sure you get there. Judges will quash the warrant if you show up, even if you’re late. The point is: do what ever it takes, JUST SHOW UP. If you’re late the judge will want a very good reason as to why you were late and may scold you, but you won’t go to jail for being late. Arraignment calendars that begin in the morning usually go all the way to 11a.m. or 12p.m. and then the court breaks for lunch. Arraignments often resume at 1:00 or 1:30 p.m. after lunch. Do not be nervous about an arraignment if you’re charged with a misdemeanor; this hearing is mostly just a formality. Between your arraignment and your next court date, your lawyer will be negotiating with the prosecutor for a resolution to your case and the best possible outcome for you.

I have handled dozens and dozens of arraignments in King County, Pierce County, Snohomish County, Chelan, as well as San Diego, CA. In every location, the arraignment is the same. If you are unsure about how to hire a lawyer or who to turn to, you can always ask an attorney to represent you for the limited purpose of the arraignment and give you time to decide which lawyer you would like to handle the rest of your case. For information about what hearings follow an arraignment, click here.