Question: What Happens At The Formal Arraignment?

What does held for court mean in PA?

Held for court means the preliminary hearing has been held and the matter will be put on the trial list..

What comes 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.

Will I be drug tested at my arraignment?

If you are not on bond or not currently on probation, you are not facing any drug testing. However, at your arraignment, don’t be the least surprised if you are required to test.

What does arraignment mean when you go to court?

An arraignment is a hearing. It is where the court formally charges the person who abused you with the crime. If the person who abused you is arrested and the District Attorney files a criminal complaint against them, the first thing that will happen in court is the arraignment.

Can you go to jail at formal 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.

What happens at formal arraignment in PA?

At the arraignment the Defendant will be read specific charges that have been filed against him or her. The arraignment hearing is brief and to the point—of setting bail! The Magisterial District Judge will request personal information as to address, phone number, employment, and prior charges.

What does waived for court mean in Pennsylvania?

Waiver of Preliminary HearingWaiver of Preliminary Hearing. (A) The defendant who is represented by counsel may waive the preliminary hearing at the preliminary arraignment or at any time thereafter. (3) the defendant voluntarily waives the hearing and consents to be bound over to court. …

Whats is a waiver?

A waiver is a legally binding provision where either party in a contract agrees to voluntarily forfeit a claim without the other party being liable. Waivers can either be in written form or some form of action.

Why plead not guilty when you are?

They don’t have to plead guilty — even when they are. Instead, it is up to the prosecutor to prove, beyond a reasonable doubt, that the defendant committed the crime. When the prosecutor has little evidence, it makes sense to plead not guilty. The defendant may have a very high chance of being acquitted at trial.

Should I get a lawyer before being charged?

It’s best to hire an attorney before charges are filed against you. If you are accused of a crime, you may not take the accusations seriously because actual charges have not been filed against you. However, just because you have yet to be charged with a crime does not mean charges won’t be filed against you.

Can charges be dropped at formal 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.

What does waiver of formal arraignment mean?

It is also possible to waive the arraignment and enter a plea of not guilty to the charge before the hearing date (via a document signed by the defendant and his/her attorney and filed with the court), which avoids the necessity of the defendant having to appear in court at the arraignment calendar.

Do I need a lawyer at my arraignment?

The arraignment is the first time a defendant appears in criminal court, and you do have the right to have your attorney present at an arraignment.

What happens at an arraignment for shoplifting?

This court date is known as your arraignment. When you appear before the judge at your arraignment, you will be explained what the charges against you are. The judge will also ask you how you plead. … If you plead guilty or no contest, you will pay a fine, may be given community service and may do jail time.

Should I plead not guilty at arraignment?

3) During an arraignment, the prosecution may decide if they are going to try your case or not. If you plead guilty during the arraignment then you are sentenced and there is no need for a trial, but if you plead not guilty, further hearings to allow preparation for trial will be set.

What is a pre trial conference in PA?

A pretrial conference is the 3rd hearing scheduled, usually within 45 – 60 days after the formal Arraignment. Also known as a status hearing, the judge “conferences” the case with the Defense Attorney and the Prosecutor in an attempt to resolve any outstanding issues.

What does it mean to waive your first court appearance?

Criminal defendants usually have the option to waive the preliminary hearing, but it happens very rarely and no defendant should do this without the advice of an attorney. If you waive a preliminary hearing, you allow the prosecution to proceed on criminal charges against you without having to present its evidence.

Does a felony guarantee jail time?

Most felony convictions carry heavy penalties such as several years in a state prison or county jail, a large fine or both in some cases. When someone breaks a federal law, the case is tried at that level, and a convicted person will typically serve time in the national prison system versus a state prison.