Why would arraignment be postponed?
Asking to have an arraignment postponed usually happens because counsel is not prepared, has not been hired, or has not been appointed.
Does arraignment come before trial?
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. Usually during an arraignment, the criminal defendant pleads guilty or not guilty. Typically, the plea is not guilty.
When should arraignment be conducted?
WHEN SHOULD THE ARRAIGNMENT BE HELD? The general rule is that the accused should be arraigned within 30 days from the date the court acquires jurisdiction over the person of the accused.
What can go wrong at an arraignment?
One thing that can go wrong at an arraignment is for an accused to be taken into custody. This could happen if the judge orders that bail be posted. Another thing that can happen is the judge might allow an own recognizance (OR) release but impose burdensome OR conditions.
When can arraignment be suspended?
Section 11 (c), Rule 116 of the Revised Rules of Criminal Procedure provides that upon motion by the proper party, the arraignment shall be suspended if a petition for review of the resolution of the prosecutor is pending at either the Department of Justice, or the Office of the President; provided, that the period of …
Why does my trial date keep changing?
It could mean that they are still collecting evidence to build a case. It could mean that the prosecutor on the case has some other big cases or a vacation scheduled and so needs to push your case back. It could mean that a judge who for some reason wants to handle this case has a scheduling conflict.
When does the trial start after an arraignment?
If the defendant in custody at the time of the arraignment, the trial is required to start within 30 days of the plea or the arraignment, whichever date is later. If the defendant was not in custody at the time of the arraignment, then the trial must start within 45 days of the plea or the arraignment, whichever date is later.
What happens at an initial hearing or arraignment?
Initial Hearing / Arraignment. Either the same day or the day after a defendant is arrested and charged, he is brought before a magistrate judge for an initial hearing on the case. At that time, the defendant learns more about his rights and the charges against him, arrangements are made for him to have an attorney,…
What does it mean to be arraigned in court?
An arraignment is a court proceeding at which a criminal defendant is formally advised of the charges against him and asked to enter a plea to the charges. In many states, the court may also decide at arraignment whether the defendant will be released pending trial.
When does an arraignment take place in Texas?
Within 10 days from the time an indictment or information has been filed and the arrest has been made, an arraignment must take place before a Magistrate Judge. During an arraignment the defendant is read the charges against him or her and advised of his or her rights.