In Maryland, every criminal defendant goes through an arraignment, typically held soon after an arrest. It marks the first step in the court process. Most people know the charges before their arraignment, especially if they were arrested. However, the arraignment is a formal hearing that is supposed to inform the defendant of the charges they are facing.
What Happens During An Arraignment?
During an arraignment, the defendant will appear in court before the judge. If the defendant already has an attorney, the lawyer and the prosecutor will be present.
The judge will usually read the charges against the defendant and inform them of the penalties if they were to be convicted. The judge will also inform the defendant of some of their constitutional rights, including:
- The right to counsel
- The right to remain silent
- The presumption of innocence
Additionally, a judge will ask the defendant to enter a plea. The plea options are guilty, not guilty, and no contest. At this point, most defendants enter a not-guilty plea. This plea can be changed later if the defendant and prosecutor reach a plea agreement.
During the arraignment, a judge may also consider setting a bond. The prosecutor usually presents the facts of the case and gives a brief overview of the evidence against the defendant. They may also discuss any prior criminal history or aggravating factors.
If the judge decides that the defendant is neither a danger to themselves nor others nor a flight risk, they will set a reasonable bond. There are certain scenarios in which a judge cannot set a bond.
Do I Need A Lawyer At My Arraignment?
Many people do not have a lawyer at their arraignment because it happens so quickly after an arrest. Most people do not have time to contact an attorney to be present. However, hiring a lawyer before your arraignment could prove to be helpful.
A lawyer can explain your charges and begin advocating on your behalf at your first court appearance. They may help you get a reasonable bond and ensure you don’t make any potentially incriminating statements to the prosecutor or the judge.
Furthermore, having an attorney by your side during the arraignment can make you feel less nervous and more comfortable.
What Happens After The Arraignment?
After the arraignment, your case may proceed in a couple of different ways. If you are charged with a felony, the case will be set for a preliminary hearing to determine probable cause. If you are charged with a misdemeanor, it will probably be set for trial in the District Court.
While awaiting these court dates, the prosecutor will turn over evidence to your defense attorney through discovery. This may include evidence such as:
- Police reports
- Witness statements
- Scientific evidence
- Exculpatory evidence
- Defendant’s statements
Your attorney can review this evidence with you and engage in discussions with the prosecutors. A prosecutor may propose a plea deal and start negotiations with your lawyer.
Both sides will also begin preparing for the trial. After the preliminary hearing, your lawyer may file pre-trial motions. These motions can help your attorney control what evidence may or may not be admitted at trial. It can also raise constitutional issues that may benefit your case.
Finally, your case will go to trial. The prosecutor and your lawyer can present evidence, question witnesses, and confront witnesses. Each side will make an argument to the jury to either convict or acquit you. If you are convicted, the judge will impose a sentence either immediately or later during a sentencing hearing.
As you can see, the arraignment is just a small step in a Maryland criminal case. If you have any questions about how your case will proceed, you need to speak with a Maryland criminal defense attorney.
Contact the Criminal Defense Attorneys at Alpert Schreyer Criminal Defense Attorneys in Maryland for Help Today
For more information, contact Alpert Schreyer Criminal Defense Attorneys to schedule a confidential consultation with a criminal defense attorney. Our team is available to assist clients in Lanham, Frederick, Rockville, and Waldorf.
We proudly serve Prince George’s County, Frederick County, Montgomery County, Charles County and the surrounding areas. Visit our law offices at:
Alpert Schreyer Criminal Defense Attorneys Lanham
4600 Forbes Blvd Ste 201 Lanham, MD 20706
(301) 262-7005
Available 24/7
Alpert Schreyer Criminal Defense Attorneys Frederick
25 E Patrick St #200 Frederick, MD 21701
(301) 381-1993
Available 24/7
Alpert Schreyer Criminal Defense Attorneys Rockville
11140 Rockville Pike 550-J Rockville, MD 20852
(301) 364-3195
Available 24/7
Alpert Schreyer Criminal Defense Attorneys Waldorf
8 Post Office Rd, Waldorf, MD 20602
(301) 857-4771