What Happens at an Arraignment in Johnson County Criminal Court?
An arraignment is an early court hearing where you learn the formal criminal charges against you and enter a plea of guilty or not guilty. In Johnson County, the arraignment also moves your case into its next stage of the criminal justice process, which could involve plea negotiations and eventually a trial.
If you’ve never been arrested before, it’s natural to wonder what happens at an arraignment in Johnson County Criminal Court. This isn’t the time when the state has to prove your guilt beyond a reasonable doubt, and the court won’t consider your guilt or innocence at all. However, these hearings can be important for staying out of jail while these proceedings play out. A criminal defense attorney can help you prepare for what this hearing might mean for you.
What Plea Can You Enter at an Arraignment?
You can generally enter a plea of guilty, not guilty, or no contest, depending on the circumstances of your case. A not guilty plea allows you to contest the charge and preserves the opportunity to challenge the prosecution’s evidence.
It’s important to remember that entering a plea of not guilty doesn’t lock you into that decision and guarantee a trial. Most people plead not guilty at arraignment, but a large percentage of those defendants ultimately change their plea to guilty before the case goes to trial.
A guilty plea has much more immediate consequences because you admit guilt to the offense. Before entering that plea, you should understand the potential sentence and any other consequences that could follow the conviction. This is usually considered a risky approach, as there isn’t a recommended sentence agreed upon by the state and the defense attorney.
A no contest plea, sometimes called nolo contendere, means you do not contest the charge rather than expressly admitting guilt. The criminal court can still enter a conviction and impose a sentence, effectively treating it like a guilty plea.
Will Bail or Bond Be Addressed at the Arraignment?
Bond issues can come up at an arraignment, although the court may have already set conditions earlier in the case. Usually, either side can ask the judge to reconsider the bond amount at an arraignment hearing.
The judge also has the power to set release conditions at this time. Release conditions can affect where you may go, whom you may contact, and what you must do while the case remains pending. For example, a court may impose no-contact conditions in certain cases, preventing you from talking to certain people or going to specific places.
If existing bond conditions interfere with your life or employment, your attorney can determine whether asking the court for a modification makes sense. Of course, there’s no guarantee these requests will be granted.
Do You Need a Lawyer for an Arraignment?
Having a criminal defense lawyer at arraignment is always a good idea, as they can serve as your advocate and help you avoid mistakes that could put you in jeopardy. Along the way, your attorney can explain each part of the arraignment and what the court’s decisions mean for you.
An attorney can also help you understand what not to do while the case remains pending. Statements to police, alleged victims, witnesses, or other people can sometimes become evidence. Your lawyer can make sure that, after your arraignment, you are in a position to avoid missteps and put your best foot forward publicly. The sooner you get an attorney to assist with this process, the more likely they are going to be able to help.
Frequently Asked Questions
How long does an arraignment take?
The hearing itself may be relatively short, especially if you have an attorney and enter a not guilty plea. The amount of time you spend at the courthouse can be longer depending on the court’s schedule and the number of cases being heard.
Will the judge decide whether you are guilty at arraignment?
No. An arraignment is not a trial, and the judge does not determine guilt simply because you appear for the hearing. The primary purpose is to address the formal charge and your plea.
Can your case be dismissed at arraignment?
A dismissal can occur in a criminal case, but you shouldn’t expect that to happen on a whim. The court will generally dismiss the case only for a good reason or when the state asks to.
Should you plead guilty if you think the evidence is strong?
You should understand the evidence, possible defenses, sentencing consequences, and available alternatives before pleading guilty. It’s vital you speak to an attorney before you make this decision.
What happens if you miss your arraignment?
Failing to appear can lead to serious consequences, including a warrant in appropriate circumstances. If you believe you may miss, or have already missed, a required court appearance, you should contact a criminal defense attorney promptly rather than ignore the situation.
How Can a Johnson County Criminal Defense Lawyer Help?
An arraignment may be one of the first formal court appearances in your case, but decisions made at this point can shape your case moving forward. Your lawyer can review the charges against you and evaluate the evidence before advising you on what plea to enter. In general, we recommend pleading not guilty and allowing the case to play out while your lawyer continues to investigate available evidence, explain your plea options, address release conditions, and identify defenses that may change the direction of the case.
Talk to Jerry Merrill Attorney at Law Today
If you’ve got an arraignment coming up, now is the right time to talk to a lawyer. Attorney Jerry Merrill understands what’s at stake in your case, and he’s ready to work tirelessly to help you get the best possible outcome. Reach out today for a private consultation to talk about the charges against you.