Arraignment and Bail
Arraignment is the first formal court appearance after someone is taken into custody. An arraignment hearing must be scheduled by the next regularly scheduled court session. At the arraignment the suspect becomes the accused and is informed of their rights. The charges are read to the accused, and they are asked to enter a plea. In brief, a plea is a formal statement by the accused saying if they are guilty or innocent in response to a charge.
If you plead not guilty, a trial is scheduled. If you refuse to enter a plea, the judge will enter a plea of not guilty. If you enter a plea of no contest or guilty, the judge will either set the sentence then or set a sentencing date. The accused is now known as the defendant.
If you, as a defendant, want a jury trial, you must ask for it at the arraignment. If you do not ask at the arraignment, you lose your right to a jury trial. A judge will decide your case. This is called a “bench trial.”
If you plead not guilty, the Court will set bail conditions. Every criminal defendant is entitled to be released from custody before trial unless there’s probable cause showing they may pose a danger to themselves or the public. Bail is meant to make sure you appear at hearings and trial. The Court can choose from multiple release options:
- Personal Recognizance: You sign a promise to appear in court.
- Custody Release: Someone, such as a family member or organization, guarantees your court appearance.
- Conditional Release: Restrictions may be placed on travel, associations, or where you can live during release
- Bond or Collateral Deposit: A judge can require cash or property to be posted as bond, possibly just a portion up front. If you fail to appear, you will owe the full amount.
- Community Guarantee: Two trusted members of the community sign a bail agreement backing your release.
- Other Conditions: If needed, the judge may set other terms to make sure you appear.
