Your arraignment hearing is the first court date following your indictment and arrest. You will hear the charges against you during this hearing and a judge may ask you to enter your initial plea. You have certain rights at that point but oftentimes it is just a formality. Thus, your arraignment is merely a step in the criminal justice process for many people.
Knowing what to expect during an arraignment hearing in Texas can ensure you show up prepared and ready to fight for your reputation and future. You will want a criminal defense lawyer in Houston from our firm by your side to protect your rights, manage your defense, and pursue the best possible outcome based on the circumstances and case facts.
What Is the Purpose of an Arraignment Hearing?
When the court schedules your Texas arraignment hearing, they call you before the court to formally inform you of the charges against you and ask you to enter a plea. Under Texas law, all individuals facing a felony indictment or misdemeanor charges that could result in jail time must have an arraignment hearing.
- If you are coming straight from jail, it is acceptable to be sporting a jumpsuit for your appearance.
- If you were released and must return for your arraignment, you should dress professionally and be well-groomed. Listen to the advice given by your attorney and respectfully address the judge.
- In some courts, the judge will allow your defense attorney to waive your presence at the arraignment hearing, and they will appear in your stead.
This preliminary hearing is a formality that serves several purposes:
- To inform you of the charges you face
- To ensure you understand your legal rights throughout this process
- To obtain your plea
- To set bail and conditions of release, if necessary
Navigating the Arraignment Process in Texas
Knowing what to expect during the arraignment hearing may put you at ease. The arraignment is generally a quick proceeding, and you will have your attorney by your side throughout the process. A criminal defense lawyer from our firm has attended many of these hearings; we know how they work and what will happen.
Pre-Hearing Procedures
A defendant does not formally face charges until there is information or an indictment in the case. Sometimes, our team can prevent an indictment and end the case before it begins. More often, though, there is information or an indictment, and the individual officially faces charges, leading to an arraignment hearing.
During the Hearing
The judge will call your case during the hearing, and your attorney will likely instruct you to stand. At this point, the judge could read the charges against you and explain your rights. Then, they could ask you to enter your plea. You should have discussed this with your attorney and will know what to say based on your defense strategy. The judge can also impose conditions of bond at this time.
Post-Hearing Procedures
Depending on the plea entered, the subsequent steps could vary. Your lawyer can advise you on what to expect based on your circumstances. If you enter a not-guilty plea, the judge could provide bail or add restrictions for your release. However, in the unlikely event you were advised to enter a guilty plea, the judge will likely schedule a sentencing hearing.
What Are the Legal Rights of a Defendant as Explained in an Arraignment Hearing?
As a defendant in the criminal justice system, you have certain rights. The judge will explain these rights to you and ensure you understand them as part of the hearing. Your criminal defense lawyer can answer your questions and help you understand why you might need to waive one or more of these rights and the potential consequences. You should not waive your rights unless your criminal defense lawyer recommends doing so.
Right to an Attorney
You have a right to retain a criminal defense attorney from our team and have them with you throughout this process.
Right to Remain Silent
You have the right to remain silent to prevent incriminating yourself or hurting your case by saying the wrong thing. Your attorney will advise you when to speak—including if they want you to testify on your behalf.
Right to a Speedy Trial
You have the right to a case that proceeds quickly without undue delays but generally cases take many months to conclude. However, your attorney might request additional time to strengthen your defense.
Pleas Entered During an Arraignment Hearing
When the judge asks you to enter a plea during your arraignment hearing, your attorney will likely advise you to respond by saying Not Guilty. Technically, there are other alternatives and those are as follows:
- Guilty: You admit to committing the crime.
- Not guilty: You did not commit the crimes you stand accused of committing.
- No contest: Also known as a nolo contendere plea, this plea means you accept the charges but are not admitting guilt. It is generally treated similarly to a guilty plea, although your attorney may provide a good reason for using a “no contest” plea.
Potential Outcomes and Next Steps
What happens after your arraignment will depend significantly on your plea. In general:
- After a not guilty plea at arraignment: The case will proceed, with your lawyer preparing for pretrial motions, discovery, and trial.
- After a guilty or no contest plea: Your attorney will prepare for a punishment hearing and fight for the best sentence. The court will schedule a sentencing hearing.
Your attorney can address bail and possible release conditions during or after your arraignment.
What Happens If I Miss My Arraignment?
If you are released before your arraignment and do not attend (and your attorney is not attending on your behalf), the judge could issue a warrant for your arrest. You may also face an additional charge for failure to appear.
If you miss court dates after your arraignment, you will likely also forfeit your bail. You can reschedule your court date if you have a good reason for missing it, but it’s not a good look for you and your case.
How Does the Judge Decide Whether to Release You on Bail or Send You Back to Jail?
You are more likely to receive bail if you are facing a nonviolent criminal charge. Violent crimes like rape or sexual assault, assault, domestic violence, or murder will likely keep you behind bars. Your criminal record and whether you are a flight risk will also play a role in whether you receive bail.
The judge also decides whether or not you will be released before your arraignment. The same factors apply.
Discuss Your Case With Our Texas Criminal Defense Team Today
During an arraignment, your criminal defense attorney will ensure you understand what to expect and protect your interests. Before the court appearance, they will discuss your legal options and explain how to enter your plea. This critical stage in your criminal case makes it imperative to have knowledgeable legal representation.
Blass Law has the case results you want to see from your criminal defense lawyer. Our team can discuss our firm, your case, and how we can help you clear your name during a confidential consultation. Contact us as soon as possible about your case.