Saturday, October 22, 2011

The Arraignment To Appeals Process


The defendant may plead guilty, not guilty or no contest. If the defendant pleads guilty or no contest, he may expect to be sentenced. Very few cases are dismissed at arraignment.

At an arraignment, it is possible for the prosecution to waive or eliminate the possibility of jail time for the defendant. If there is no possibility of jail time, the defendant may not be entitled to a court appointed attorney. In addition, the defendant may not be entitled to a trial by jury. In that case, the judge would be the trier of the facts as well as the law. The defendant would be most likely tried by the judge.

Once the arraignment is completed, the defendant prepares for trial in Municipal Court.

Five things the defendant should do after arraignment:

Ensure he has qualified legal representation.
Understand thoroughly the criminal law process from arraignment to appeal. Defendants often compromise their defense because of ignorance of the criminal process and their rights.
Ask the attorney questions every step of the way. Seek advice of the attorney. In the criminal process, the defendant is the one who stands to lose the most. Ask questions frequently and be certain they are answered.
Assist the attorney in preparing the defense by understanding every option available. Explore all options before making a decision. Researching the situation is extremely valuable.
Remember that the defendant is innocent until proven guilty.

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