• What Happens at an Arraignment?

    What Happens at an Arraignment in NC?

    When you’re charged with a crime, your first court appearance will probably be an arraignment. This can be a confusing and stressful experience, especially if you’re unfamiliar with the process. Learn what a formal arraignment is and how it affects things like bail and release.

    What Is a Formal Arraignment?

    An arraignment is a court procedure where you are formally charged with a crime and asked to enter a plea of “guilty,” “not guilty,” or “no contest.” It’s among the first steps in the legal process, with the primary goal of ensuring the defendant (the person accused of a crime) fully understands the charges against them.

    An arraignment allows the court to review your case quickly and gives you the opportunity to post bail before your trial. A magistrate or judge typically handles the proceedings, reading out the charges and any pertinent details related to the allegations.

    The Arraignment Process in Civil Cases

    Arraignments in civil cases are rare but do sometimes occur. Civil cases start when the plaintiff (the person or party filing the charge) brings a formal complaint to the court. Once filed, the court notifies the defendant, allowing them to respond and appear before the court. This stage permits both sides to consider settling the dispute out of court or through alternative dispute resolution (ADR) methods like mediation.

    Bail and bond are generally not involved in civil cases. Still, the arraignment provides structure and guidance for how the legal proceedings will unfold. It allows both parties to understand the court’s expectations and the potential legal consequences of moving the case forward.

    The Arraignment Process in Criminal Cases

    While the purpose of an arraignment is the same across the US, each state has slightly different procedures, and North Carolina is no exception. Here’s what to expect:

    • Timing: Arraignments happen quickly, often within 48 to 72 hours of an arrest. This rapid scheduling ensures defendants are not held for an unreasonable time without formal charges. For serious offenses, arraignment often happens within 24 hours.
    • Charges and allegations: During the arraignment, the judge reads the charges out loud to the defendant and others in attendance. These charges are based on an indictment, a formal statement that lists each alleged crime.
    • Entering a plea: At the arraignment, defendants are required to enter a plea. Pleading “not guilty” means the defendant intends to contest the charges. Pleading “guilty” or “no contest” could lead to sentencing or plea negotiations without a trial.
    • Appointment of legal counsel: At this stage, defendants who cannot afford an attorney will have one appointed. The right to legal counsel ensures fair representation for all.
    • Bail and release conditions: Before deciding on bail, the judge considers multiple factors, such as the severity of the charges, prior criminal history, and the risk of fleeing. In some cases, the judge may deny bail if they believe the defendant poses a significant risk. However, if the judge allows bail, it is posted to secure the defendant’s temporary release. This arrangement is known as an arraignment bail bond and allows the defendant to return home while awaiting trial.
    • Release on recognizance: If the judge deems the defendant low-risk, they might allow them to be released on their own recognizance (without needing bail). However, this is uncommon in criminal cases with serious charges.

    What Happens After an Arraignment?

    The legal process after the arraignment depends on the plea entered and the decisions made regarding bail. Here’s what typically follows:

    • Not guilty plea: If the defendant pleads not guilty, the case moves forward to pre-trial preparations. This phase may include discovery (sharing evidence between the defense and prosecution), witness interviews, and pre-trial motions. The defense might also work on gathering evidence, building a case, or negotiating with the prosecution for a plea deal.
    • Guilty plea: A guilty plea generally leads to sentencing, where the judge determines the appropriate punishment based on the offense, criminal history, and other factors. In some cases, a guilty plea may lead to a lighter sentence if it was part of a plea bargain.
    • Bail compliance: If bail is granted, the defendant must comply with the conditions set by the court, including attending all court dates and refraining from certain activities or contact. Failure to meet these conditions may lead to re-arrest or revocation of bail.

    Why Choose 1st Choice Bonding & Surety?

    When dealing with an arraignment, especially if posting bail is on the line, you need a dependable bail bonding service by your side. At 1st Choice Bonding & Surety, we know that time is of the essence. With over 20 years of experience and 6 locations across Concord, Salisbury, and Gastonia, NC, we’re the key to your release. Our team is available 24/7, and we respond within 5 minutes or less, so contact us now for immediate support.