QUESTION
What happens in court when my brother goes for an arraignment?
Asked on Mar 12th, 2013 on Criminal Law - Louisiana
More details to this question:
I got a call that my brother was at the jail and didn't say what he was charged with. I was told his arraignment is next week. What does that mean? Does he have to stay in jail until then? I don't think he has a lawyer. Can I get him one or does he need to do it and how do we find a good one?
10 ANSWERS
Michael J. Breczinski
It means that they will read the charges to him and ask him how he pleads, They will set bond and appoint a lawyer if he can't afford one.
Answered on Mar 13th, 2013 at 4:31 AM
Criminal Defense Attorney serving Alhambra, CA
at
Francis John Cowhig
Update Your Profile
An arraignment is where he will be formally informed of the charges against him and will be asked to enter a plea of either guilty, not guilty or no contest to the charges. If the offense that he is charged with is bailable, you can bail him out prior to the arraignment. You can call the police station where he is being held and ask if he is eligible for bail and how much the bail is. I suggest that he, or you on his behalf, hire an attorney to represent him. If he cannot afford one, then he can ask the judge to appoint a public defender to represent him at his first court appearance. I hope this helps.
Answered on Mar 13th, 2013 at 1:19 AM
3 Awards
Do not talk about the facts of the case on the phone - all calls are recorded and those statements will come in against brother at trial the jail should be able to tell you what he was arrested for and tell you the bond amount first appearance is usually when they file the charges and explain the defendant's rights most cases allow bond prior to first appearance.
Answered on Mar 12th, 2013 at 10:58 PM
The arrangement is the first court date on a case. It is no more than three court days from the time the suspect is arrested if he is in custody. At the arrangement, the judge reads the suspect his rights and tells him the charges filed against him. The judge then asks the suspect to plead guilty or not guilty. The suspect is told what his punishment is if he pleads guilty at that time. Any time a person is charged or even suspected of a crime, he needs an attorney. To find an attorney, look for one that can get along with you and your brother. Find one that has the time to devote to the case and answer your questions. He needs to have done the same type of case before and should be well versed in the law. He needs to be an attorney that only does criminal law cases.
Answered on Mar 12th, 2013 at 10:52 PM
Estate Planning Attorney serving Provo, UT
at
Randy M. Lish, Attorney at Law
Update Your Profile
The first thing he will need to do is ask that a lawyer be appointed. He will probably be in jail until he either posts bail or appears at this arraignment.
Answered on Mar 12th, 2013 at 10:51 PM
Auto Accidents Attorney serving St. Paul, MN
at
Arechigo & Stokka, P.A.
Update Your Profile
An arraignment is a first appearance in court on a misdemeanor criminal charge. If a person is currently in custody, he or she will remain in custody until they are brought before a judge. Most of the time, a person arrested for a misdemeanor offense without a warrant must be brought before a judge within 48 hours. The judge will then decide whether to release the person from custody or assign bail if the judge feels bail is appropriate. Bail is pretty rare in most misdemeanors. Yes, you can hire an attorney for your brother and you can do so as soon as you want. An attorney may be able to get your brother released from jail before his arraignment date.
Answered on Mar 12th, 2013 at 10:50 PM
It means he will stay in jail unless he posts bail, and that is probably why he is calling you.
Answered on Mar 12th, 2013 at 3:42 PM
2 Awards
The arraignment is typically the first proceeding in a criminal case. At that hearing, your brother's bail will be set by the court, he will hear the charges against him, and he would enter a plea, either guilty or not guilty. Anytime you are accused of either a felony or misdemeanor; there is a right to have an attorney present with you. If your brother does not have an attorney, he may qualify for the services of the public defender's office. You or your family may call private counsels on behalf of your brother to represent him in the proceedings.
Answered on Mar 12th, 2013 at 3:41 PM
Adoptions Attorney serving Lansing, MI
at
Austin Legal Services, PLC
Update Your Profile
An arraignment is your first court appearance where you appear before a judge and they read the charges against you and advise you of your rights. It is also when bail is set. Having a lawyer at an arraignment isn't really necessary unless you want one there to argue for bond. If you want to find a good lawyer, ask around to see if your friends or family know of any. Look for someone with experience in his type of case and who has good reviews or references. Check online for reviews or ask the court clerks for some recommendations. Also, the State Bar might have a referral list.
Answered on Mar 12th, 2013 at 3:39 PM
Personal Injury Attorney serving Baton Rouge, LA
at
Law Offices of Chris Cascio, LLC
Update Your Profile
At the arraignment, your brother will be formally charged with a crime and he will answer to the charge, usually not guilty.
Answered on Mar 12th, 2013 at 3:39 PM