Common questions

What is the difference between an arraignment and a court date?

What is the difference between an arraignment and a court date?

An arraignment is a pre-trial proceeding, sometimes called an initial appearance. The criminal defendant is brought in front of a judge at a lower court. A trial date is established. If the defendant enters a guilty plea, the judge may set a sentencing date.

What comes first arraignment or trial?

An arraignment is a defendant’s first appearance in court after being arrested and charged. An arraignment might seem like a trial — the defendant appears before a judge — but there are many differences: At the arraignment, the judge will read the charges against you.

How long after arraignment is trial?

No matter which one you’re facing, the 6th Amendment of the United States Constitution guarantees your right to a speedy trial. For misdemeanors where you’re being held in custody, your trial must be within 30 days following the arraignment date.

When you plead not guilty what happens next?

Alternatively, you can enter a plea of guilty and adjourn your matter for sentence on another date. If you are pleading not guilty, the court will order the police to serve a Brief of Evidence on you.

What happens after a court arraignment?

What happens after the arraignment? Some time after the arraignment, the abusive person will have to go to court for a pre-trial conference. At that conference, they may plead guilty to something that settles the case. If they do not plead guilty, the court will set a trial date.

What happens at an arraignment hearing?

An arraignment is typically the first court proceeding in a criminal case. At the arraignment hearing, defendants are advised of the charges that have been filed as well as their legal and constitutional rights. Afterward, they are given an opportunity to enter a plea of not guilty, guilty, or no contest.

How does the arraignment work in traffic court?

Instead of a specific arraignment date, some jurisdictions just give you a date by which you either need to show up in traffic court or pay the ticket—in other words, it’s more like a due date. The date by which you must pay the fine or appear in court should be printed on your ticket.

How long does it take to get a trial after an arraignment?

One final note on arraignment — do not sign anything waiving your right to a fair and speedy trial. The court has 45 days from the date of your arraignment (i.e., the date you first appear) to give you a trial.

How long does it take for a court case to go to trial?

The court has 45 days from the date of your arraignment (i.e., the date you first appear) to give you a trial. More than one person has beaten their ticket on these grounds.

Can you ask for a trial for a traffic ticket?

You can ask for a trial by written declaration. Payment of bail for a traffic infraction is not required to contest your ticket except under limited exceptions provided by California law. These exceptions include the following: (1) if you wish to schedule a trial without appearing first for an arraignment (Veh.