Quick Answer: Does Arraignment Mean Jail Time?

Do first time felony offenders go to jail?

Many people contact us to ask what the likely punishment will be for first-time felony charges.

This question has a complicated answer, which we will look into more closely below.

Although it is true that a first-time offender is likely to receive a lenient sentence, you could still end up in jail..

Is jail time mandatory for a felony?

California Felony Sentences California law authorizes the court to impose a sentence for a felony conviction. The fact that a sentence is authorized does not necessarily mean that a sentence will be imposed. Unless the law requires a sentence to jail or prison, a judge might instead place the defendant on probation.

When you bail someone out of jail are you responsible for them?

You won’t be criminally liable for the defendant’s actions, but you will be civilly liable. It is important for you to understand the bail bonds process and your responsibilities as an indemnitor before you enter into a bail bond contract on someone else’s behalf.

What can I expect at an arraignment hearing?

During the arraignment hearing the prosecutor or judge would read the charges to the defendant so he understood what he was being charged with and could, in response, decide if he needed to hire an attorney, gather up witnesses and other evidence or simply plead guilty.

What comes first preliminary hearing or arraignment?

A preliminary hearing is best described as a “trial before the trial” at which the judge decides, not whether the defendant is “guilty” or “not guilty,” but whether there is enough evidence to force the defendant to stand trial. In contrast, an arraignment is where the defendant may file their pleas.

Can you go to jail at an arraignment?

You can go to jail after an arraignment if you are denied bail, unable to post bail or need time to obtain a bail bond.

How long can you be held in jail without arraignment?

two daysFollowing a California arrest, you could be released immediately or held until your arraignment. You can also be released from jail before being arraigned if the prosecutor decides to not file charges. If you are being held until your arraignment you will typically wait no longer than two days in jail.

How long does it take for a case to get dropped?

According to government statistics, it took an average of 357 days for a case to get all the way to the Crown Court, and an average of 178 days in court to get to an outcome.

Is bail set at an arraignment?

At the arraignment, the defendant may enter a plea and the judge will set bail (or allow release without bail, known as “OR”). … If the arraignment does not occur within 48 hours, the defendant will be given a bail hearing (or in some cases a special hearing to determine if there is probable cause for the charges).

Can a felony charge be dismissed?

A felony case can be dismissed by motion of the prosecutor, the defendant’s attorney or the court . … Other ways for a defendant to get a felony charge dismissed is to go through trial and obtain a “not guilty” verdict or to attend a pretrial diversionary program.

How do you avoid jail time for a felony?

15 Key Steps to Avoid Prison on Felony ChargesRemain Silent, it’s your Right, use it! … Remain Calm; and Silent. … Hire Experienced Criminal Defense Counsel Immediately. … Do Not Discuss Your Case. … Understand your Charges. … First, Defense Attorney; Second, Bondsman. … Don’t lie to your Attorney. … Do not speak to your family or friends about your case.More items…•

Can you plea bargain at an arraignment?

If a defendant pleads guilty to a very minor crime at arraignment, such as disorderly conduct, the judge may sentence the defendant at arraignment. The prosecutor and the defense attorney may negotiate the guilty plea and agree on a sentence during the arraignment.

What happens at a felony arraignment?

After a felony charge is filed, there will first be an arraignment where four things usually happen: The charge will be read to you, The Court will make certain that you have an attorney or are getting one, The Court will consider setting a bond by which you can secure your freedom pending trial, and.

How long after arraignment is preliminary hearing?

The prosecutor must file the Information within 15 days of the date you are held to answer at the preliminary hearing. Your trial must start within 60 days of the arraignment on the Information.

What’s the difference between arraignment and indictment?

Arraignment – the defendant is brought to court and formally charged with the crime he/she is accused of. Bail is set or the defendant is released. … The purpose of the Grand Jury is to decide whether there is enough evidence to indict the defendant. Indictment – the defendant is formally charged with the crime.

What happens after arraignment?

In felony cases, after the arraignment, if the case does not settle or get dismissed the judge holds a preliminary hearing. At this hearing, the judge will decide if there is enough evidence that the defendant committed the crime to make the defendant have to appear for a trial.

How long does an arraignment hearing take?

Typically, the First Appearance (Arraignment) is quite brief, just a matter of minutes. However, the total time at court typically is lengthy due to multiple defendants being ordered to appear at one fixed time. If you are facing such an issue, know that…

Can a judge dismiss a case at an arraignment?

It is possible for the judge to dismiss your case during an arraignment if he or she sees you’re the officers and the prosecution have a shaky foundation on which to charge you. Your attorney could ask the judge to drop the charges against you by filing a motion prior to your arraignment.

Do first time felons go to jail?

If you qualify for a first time felony waiver, the court has the option of imposing a sentence up to 90 days in confinement (jail) and can give up to 6 months of community custody (what used to be called probation in the old days), or 12 months of community custody if some sort of treatment is ordered (drug treatment, …

Do I need a lawyer for an arraignment?

Do I need a lawyer at my arraignment? In most criminal courts the arraignment is where you first appear before a judge and enter a plea of guilty or not guilty to the offense charged. … the judge considers any bail requests that you or the prosecutor make. the judge appoints a lawyer for you, if appropriate, and.

What is the main purpose of the arraignment?

An arraignment is usually the first part of the criminal procedure that occurs in a courtroom before a judge or magistrate. The purpose of an arraignment is to provide the accused with a reading of the crime with which he or she has been charged.