The Process in a Misdemeanor Case by Darren Kavinoky

Back

The Process in a Misdemeanor Case
by Darren Kavinoky

The Process in a Misdemeanor Case

Arraignment
The arraignment is the defendantˇs first court hearing after the arrest, booking, and initial bail phases of the criminal process have taken place. This is usually the first opportunity for the defendant to hear the charges pending against him and provides the defendant the opportunity to plead to those charges. A prompt arraignment is related to the Constitutional safeguard of providing a ¨speedy trial.〃 The arraignment date will be dependant on several factors. The defendant's custodial status is the most important factor.
If the defendant is in custody, arraignment must take place within 48 hours, not including weekends and court holidays after the arrest. If the defendant was arrested without a warrant and has not yet been released, the arraignment is usually combined with a probable cause determination. This determination must be made by a magistrate as soon as reasonably feasible but no later than 48 hours after arrest; weekends and holidays may not be excluded from the 48 hours.
If the defendant is out of custody, then they must be arraigned at least 10 calendar days after arrest unless the defendant consents to earlier date. However, for out of custody defendants arraigned on a misdemeanor complaint, the prosecutor has 25 days after the misdemeanor citation is issued to file a formal complaint. There is no statutory deadline for arraignment. Thus, for most misdemeanor citations issued for DUI cases, the arraignment may be 30-45 days in the future.
What normally happens at an arraignment is that the person charged with a crime is called before a criminal court judge. The judge will follow this basic procedure:
刋 The judge will read the criminal charge or charges against the person, who is referred to as the

Author's Biography:

Posted on: July 5,2006

Email: Dsm4life1@juno.com
Website: http://www.nocuffs.com