How Arraignments and Bond Hearings Work

Arraignment and bond hearings are the first court appearances someone has after being arrested on criminal charges. An arraignment starts the judicial process and informs the defendant of their charges. A bond hearing determines whether, and under what conditions, the defendant will be released from custody while the case is pending.

Understanding these first steps of the criminal process may save you or your loved ones time, effort, and money. For legal advice, reach out to a criminal defense lawyer as soon as possible.

What Is an Arraignment?

An arraignment hearing is a defendant’s first court appearance after being arrested. The purpose of an arraignment is to start the judicial process, inform the defendant of the charges against them, and take next steps to plea entry.

The court officer will confirm the defendant’s name, date of birth, and personal information. The judge will read a written explanation of the criminal charges and the penalties associated with them. The final step is to explain the defendant’s constitutional rights in the criminal process.

For misdemeanors, the court proceedings are typically straightforward, with the first arraignment being the one that addresses the criminal complaint. Felonies can have a multi-step process. There could be an initial appearance, a preliminary hearing, and later an arraignment on an indictment where formal charges are filed.

Timing and Location of the Arraignment

In many states, an arraignment must take place within 24-48 hours of the defendant’s entry into jail. Some states allow up to 72 hours to account for weekends and holidays. This short timing ensures states comply with the constitutional right of prompt presentment.

There are two types of arraignment. Defendants who are still in custody are required to appear at the earliest available court session. These are individuals currently held in jail. Out-of-custody defendants may be summoned by a citation or notice to appear. Because they are not being held in jail, their hearing could take place weeks later.

Generally, arraignments are held in the local district, municipal, or county criminal court. Some jurisdictions will hold arraignments via a video system with defendants remaining in jail.

Entering a Plea at the Arraignment Hearing

An arraignment is when the defendant in a criminal case is formally asked to enter a plea to the charges. The plea determines the immediate next steps in the case.

Depending on the plea, it could proceed with pretrial proceedings, be moved to sentencing, or remain open for negotiation. The court will ensure the defendant understands the nature and consequences of each plea.

• Not guilty. One of the most common pleas made at an arraignment. This gives the defendant time to find a defense attorney, review the evidence already gathered against them, and negotiate with the prosecutor.
• Guilty. A guilty plea is a complete admission of the charges filed against the defendant.
• Alford plea. A type of guilty plea in which the defendant maintains innocence but admits the prosecution has enough evidence to secure a conviction. It is typically used when a defendant wants to avoid trial but refuses to admit conduct.
• No contest (nolo contendere). When making a plea of no-contest, the defendant neither contests the charges nor admits guilt. For sentencing purposes, it is treated like a guilty plea. This plea is typically made when a defendant wants to avoid admitting fault for potential civil liability. Some states require the judge and/or prosecutor to approve a no-contest plea, especially in felony cases.

Some state criminal laws offer additional pleas. The best or most strategic plea depends on the specifics of your case. A local criminal defense lawyer can help you get the best outcome in your case.

What Is a Bond Hearing?

A bond hearing determines whether the defendant will be released from custody while the case is pending. It may occur at the initial arraignment or be a separate hearing. While many states have a monetary bail system, several states have eliminated the cash aspect.

Violent felonies, serious drug offenses, firearm-related crimes, or domestic violence charges may require a mandatory bond hearing with heightened evidentiary standards. Certain offenses may make the defendant ineligible for release pending trial.

Bail is not a right or guarantee. A court could deny bail under specific conditions. For example, the defendant could pose a significant threat to the community, or the defendant could be a high flight risk. In such cases, the judge determines that no requirements can reasonably guarantee the defendant’s return.

If a defendant violates release conditions, the court can revoke release and order detention. The judge may hold a revocation hearing to decide whether to detain the defendant moving forward. If the bond was secured, violating conditions can trigger forfeiture. The court may keep the cash posted. Violation of bond conditions may result in additional charges.

Types of Bail and Release Conditions

A defendant could be released on their own recognizance (ROR). This is based on a signed promise to appear in court without having to post money or other security. ROR is typically used when defendants are considered a low flight risk, have stable community ties, or are facing minor charges.

The judge may order a monetary amount of bail. If the defendant or someone else pays the full bail amount in cash, it is referred to as cash bail. If the amount is higher than what the defendant or someone else can afford, they can secure a surety bond.

A judge may order non-monetary release conditions in addition to the monetary conditions.

• Pretrial check-ins. Court-ordered supervision by a pretrial services agency.
• Travel restrictions. Courts may restrict the defendant’s travel by imposing geographic limits, suspending or revoking passports, or requiring the surrender of travel documents. This could include being required to stay at home during certain hours.
• No contact orders. Defendants may be ordered not to contact victims, witnesses, or co-defendants.
• Drug or alcohol testing. This may also require the defendant to attend treatment, counseling, or rehabilitation programs.
• Other non-monetary conditions of release. Could include surrendering firearms, maintaining employment, attending school, or participating in a mental health evaluation.

Factors a Judge Considers for Bail

The judge evaluates several factors when determining bail and pre-trial release conditions. They want to ensure the defendant returns to attend court hearings. The goal is to strike a balance between the defendant’s constitutional rights and public safety. Many states have set bond amounts for certain crimes in their statutes.

For misdemeanor and felony charges, the judge will consider the defendant’s flight risk. Factors like employment, family ties, housing, and length of residence in the jurisdiction all impact a defendant’s flight risk. The defendant’s history of failure to appear at prior hearings is taken into consideration. Typically, with felony charges, the defendant’s attorney will have an opportunity to present information about the defendant’s background, community ties, employment, or medical needs.

The court aims to protect public safety by evaluating the seriousness of the changes. Any prior convictions or a history of violence is also considered. This is not a mini trial. However, the judge may use the facts of the case when determining the defendant’s safety risk.

What Happens After the Arraignment and Bond Hearing?

Many jurisdictions require a pretrial conference to be held soon after arraignment where parties may agree on trial dates, set preliminary motion schedules, and consider plea possibilities. A pretrial conference report is often submitted, documenting what both sides agree on and what issues remain.

After the conference, a hearing may be scheduled to resolve any outstanding motions. If the discovery or the pretrial report is incomplete, courts must hold a “compliance hearing” to ensure everything is on track.

In some jurisdictions, a status or scheduling hearing ensures discovery is proceeding correctly, and the case remains on track. Scheduling orders may set a trial date (or “docket call”) at or shortly after arraignment in some states.

Why You Need a Lawyer at Your Arraignment

Having a lawyer present during the arraignment process ensures the defendant’s rights are protected and respected. Lawyers can present arguments for release, propose conditions, and rebut prosecutorial claims.

Early advocacy can sometimes result in reduced charges or a more favorable plea arrangement. A lawyer will advise on what to say and what not to say when attending a hearing. Experienced attorney representation is crucial because bail decisions affect employment, housing, and the ability to assist in one’s defense.

Find Legal Advice

The courts are busy, and judges see thousands of these hearings a year. It is important to note that you have a right to counsel, be it a lawyer from the public defender offices or a criminal defense lawyer of your choosing.