Do I need a lawyer at my arraignment?

When you find yourself charged with a crime, you may wonder what your options are for securing an attorney. You may wonder if you need to get an attorney before arraignment, or if you can wait until after your arraignment in order to secure counsel. In the vast majority of cases, it’s important to have a lawyer at your arraignment.

What happens at the arraignment?

An arraignment is your first appearance in front of the judge. It’s the time that you formally learn the charges against you. It’s when the judge sets an amount for bond and determines the conditions for bond. You also enter a plea.

Your plea

At the arraignment, you have the option to plead guilty or not guilty. You may also stand mute. In the vast majority of cases, you should plead not guilty.

In some cases, you may receive a plea offer that’s valid at your arraignment. It’s important to work with your attorney in order to determine if this is a good choice for you. In addition, it’s critical to work with an attorney at the arraignment, because you want to be careful to avoid any admissions that the state’s attorney may use against you.

Bond amount

At the arraignment, the court sets an amount of bond. An attorney can help you argue for an appropriate amount that allows you to post bond and secure your release until future proceedings. Your attorney’s skill and experience can help fashion the appropriate arguments. Common considerations are your criminal history, employment and ties to the community.

Bond conditions

Conditions of bond are equally important. These are the things that you have to do in order to remain free while you’re out on bond. Usually, these conditions require you to refrain from violating the law, contacting a victim or even avoid using alcohol and illegal substances.

You may have special considerations that an attorney can help you with as you evaluate potential bond conditions. You may need a provision that allows you to work in a place that serves alcohol. It might be appropriate to monitor alcohol testing to allow you to get to work on time. You may need a special consideration for out of state travel.

Questions with the charging documents

An attorney is important to have at arraignment because they can help you evaluate the charging documents. Cosmetic errors aren’t fatal to a complaint, but if there are substantive errors, the entire complaint may be invalid. A law enforcement officer must swear to a complaint, so if there are mistakes, the case may be dismissed with the state having the option to refile with changes.

Creating a lasting impression

An arraignment is your first chance to make an impression on the judge. This is the judge that might oversee your trial or even decide your guilt or innocence. If you’re convicted, this is the person that determines your sentence.

It’s important to make a good first impression at your arraignment. You don’t want to be hostile or argumentative. An attorney can help you tactfully advance your position in a way that leaves a positive impression on the court.