Going to an arraignment does not necessarily mean you are going to jail. An arraignment is a court appearance where you will learn about the specific details of the charges you face in your case. It could include a discussion about your bail or bond, or this could occur during a separate hearing. Sometimes, you may already know your bond conditions, but they are finalized after this court appearance.
It is important to have your Houston criminal defense lawyer by your side at your arraignment. When possible, you want to hire a lawyer from our firm to manage your case before your arraignment date arrives. We will represent your best interests during this hearing, explain what you can expect, and help you strategize about the best approach to your case.
What Is an Arraignment?
An arraignment is the first court hearing after you face criminal charges. Under Texas law, arraignments are necessary in all felony cases or any misdemeanor cases where jail time is possible.
The court will read the charges against you and inform you of the potential punishment. The court typically will not ask you to enter a plea. This typically means you will not go directly to jail following this hearing. Your attorney can offer specific advice based on your unique circumstances.
In some cases, accused parties are in jail leading up to their arraignment. This hearing could be when the judge decides to release you or set bail. Sometimes—usually in situations where a violent crime occurred, or they believe you are a flight risk—they might decide to deny bail and keep you in jail until your trial.
What Can I Expect to Happen During My Texas Arraignment?
Knowing what happens during an arraignment can put you at ease. While you will have your defense attorney by your side representing your best interests, it is only natural to feel confused and anxious if you have never navigated a case in the criminal justice system before. This is especially true at an arraignment because it is one of your first court appearances. For some, it is the very first.
Arraignments are generally held in courtrooms and are formal court procedures. You will need to dress appropriately and will want to make a good first impression. Your lawyer will ensure you know where to go and what to do.
During the arraignment, several key steps will occur:
- Reading of the Charges: The court will read the charges against you, formally notifying you that you are the defendant in a criminal case.
- Entering a Plea: Most jurisdictions will inform you it is possible to enter a plea at this time however this typically doesn’t happen. Your attorney will advise you to enter a not guilty plea and proceed to conduct discovery to learn what evidence the State has to try and prove their case.
- Setting Bail or Bond: The judge could address bail or bond during your arraignment. This is how defendants are released from jail while awaiting their trial or sentencing. This is also sometimes set in a separate bail/bond hearing or offered during an informal hearing following your arrest and formalized following your arraignment.
- Setting the Next Court Dates: You will also learn more about how your case will progress during the arraignment. The judge will set your next court date depending on your plea and other facts of the case.
You can expect to sign papers and manage other case-related tasks following your arraignment. Your lawyer will ensure you understand what you need to do and follow all necessary protocols and procedures.
What Factors Will Determine If I Might Go to Jail After an Arraignment?
Under some circumstances, you might go to jail following an arraignment, at least temporarily. Your attorney can take steps to prevent this from happening or to ensure you are there for as short a time as possible.
For example, you might go to jail if the judge does not grant a bond, or you cannot afford the bond. In these cases, you will likely already be in custody, so you will remain in custody until your attorney can help you understand your options and find a way to pay bond or work with a bail bond company.
The factors that could influence how much your bail/bond will be and whether the judge might release you on your own recognizance include:
- The nature of the charges
- Whether you are a risk to yourself, victims, or the general public
- Your financial standing and ability to leave town quickly
- Your ties to the area, including your job, home, and family
- Whether you have legal representation who will ensure you appear in court
Your attorney can present strong evidence and argue for a reasonable bail/bond or ask that you be released until your trial without bonding out.
What Is the Role of the Attorney During an Arraignment?
When you hire a lawyer to manage your criminal case, they will build a strong defense and legal strategy to get the best possible outcome in your case. They aim to help you minimize the effects your case has on your daily life, including the penalties you face.
Before, during, and after the arraignment, they will help you understand the charges you face and tell you the plea to enter. This is a key step in your legal strategy. They will represent you in the courtroom during your arraignment and present options to you for avoiding a conviction based on your case facts. This could include:
- Working to get the charges dropped
- Participating in a pre-trial diversion program
- Building a strong defense to show your innocence
- Identifying police mistakes and getting evidence barred from court
Contact Our Team to Learn More About Your Arraignment and Whether You May Need to Go to Jail
Blass Law provides confidential consultations for those facing arrest, allegations, and potential charges in Texas. We handle a wide range of criminal defense and DWI defense cases.
Attorney Jay Blass Cohen is well-versed in drug and alcohol testing, including certifications in forensic chromatography for both alcohol and drugs. He is a certified ACS-CHAL Forensic Lawyer-Scientist.
Contact us as soon as possible after your arrest so we can prepare a legal strategy for your case and represent you at your arraignment.