It is difficult not to worry when you have been charged with a crime. The court process, the potential sentence and penalities you might be facing can be overwhelming.
Understanding each step of legal process can help manage stress by allowing you to know what to expect. At Vargo Law, we understand exactly how daunting the court process can seem.
In this article we will explain the first step aftet arrest which is the Arraignment.
In Massachusetts, an arraignment is for the formal reading of the charges against you and determinatino of how your case will proceed.
The arraignment is your first appearance in court. Occaisonally, a case can be resolved during this appearance. If your infraction is minor and you’re working with an expert criminal defense attorney, you’ll have better odds of reaching an agreement with the Commonwealth.
Usually an arrignment happens the next business day after an arrest. However, you can also be summoned to an arraignment without getting arrested. You may receive a summons in the mail for your arraignment. Or if you attended a Clerk Magistrate’s Hearing and a criminal complaint is issued, you’ll receive an arraignment date.
Whether it follows an arrest or a summons, your arraignment date and first appearance plays a major role in how your case unfolds.
An arraignment in Massachusetts is not part of the trial. In fact, you may not have to go to a full trial if an agreement or resolution can be reached during your arraignment.
If your case proceeds without a resolution, there are several steps between now and your trial. You’ll have several hearings and pre-trial conferences before the trial. And again, your criminal defense lawyer and the prosecution may reach an agreement during any of these stages.
The following steps can take place at an arraignment in Massachusetts:
▸ A court officer will show you where to stand, which may have a microphone
▸ You’ll remain standing when your specific case is called
▸ The charges against you are read aloud, then you can choose how to plead –
You’re allowed to plead a few different ways, but at Vargo Law, we recommend pleading “Not Guilty”
▸ Depending on the nature of the charges against you, your attorney might ask for the reading of the charges to be waived
▸ If you plead “Not Guilty,” you’ll be given a date for your pre-trial conference
▸ Some arraignments include a Bail Hearing or Dangerousness Hearing, during which your bail and other conditions are set
▸ If bail is set, you’ll be held in jail until the pre-trial or until the clerk receives the bail payment
Hiring a skilled and aggressive criminal defense lawyer prior to your arraignment is your best option for winning your desired outcome and avoiding jail time.
If you miss your arraignment, the court will issue a warrant for your arrest. There may be additional consequences depending on your situation. For example, if you’re on probation, you may face a Violation of Probation hearing and your probation may be changed or revoked completely. It’s always in your best interest to show up for any and all court dates.
Every case is unique and follow different paths to trial. If you are arrested or receive a summons, you and your lawyer will have the chance to decide how to proceed.
This is another great reason to hire a focused and successful criminal defense lawyer immediately. The more time you both have to collaborate before your court appearance, the more options you’ll have.
Vargo Law is here for you to help you put on the best defense if you are arrested or summons to court. Reach out to us at any time for your FREE case consultation at (413) 781-3000.
