What Happens After the Arraignment?

What Happens After the Arraignment?When someone is arrested and charged with a crime, the arraignment is one of the first steps in the criminal court process. It’s the moment where you hear the charges against you and enter a plea. Many people feel confused or scared during this part of the criminal process, especially if it’s their first time in court.

Summit Defense Criminal Lawyers helps people understand what happens after an arraignment and what to expect next in their criminal case. Whether you enter a not guilty plea or a guilty plea, the steps that follow can greatly affect the final outcome.

That’s why it’s so important to have a skilled defense attorney on your side from the very beginning. Each scheduled court date after your arraignment plays a major role in how your case moves forward.

What Is an Arraignment?

An arraignment is the first formal court hearing after an arrest. It sets the stage for everything that comes next.

Formal Reading of Charges

At your arraignment, the court officer or judge will read out the criminal charges filed against you. These charges can range from misdemeanors to felony charges, depending on what the district attorney filed.

This step is called being formally advised of the accusations. It ensures the criminal defendant knows exactly what they’re facing. You have the right to hear the full list of charges and to ask your defense attorney if you don’t understand anything.

The charges may be read in open court, and you may feel shocked or overwhelmed. That’s normal. The important thing to remember is this is only the start of the criminal case, and you still have many chances to seek a favorable outcome.

Entry of a Plea

After the charges are read, you will be asked to enter a plea. The judge will ask if you plead guilty, not guilty, or no contest. If you enter a not guilty plea, the criminal court process moves toward a trial. A guilty plea means you accept the charges, and the court moves to sentencing.

A no contest plea means you’re not fighting the charges, but you’re also not admitting guilt. Your defense attorney may recommend waiting before entering any plea, especially if you haven’t seen the evidence yet. In some cases, the court may allow a delay to give your lawyer more time to review everything before deciding how to proceed.

Bail or Release Conditions Are Set

One of the most important parts of arraignment is when the judge decides whether to set bail or release you. This step is called the bail hearing. The court may release you on your own recognizance, which means you promise to come back without paying money. Or the judge may set bail based on the seriousness of the charges, your criminal history, or the risk of flight.

In some cases, the court might hold a dangerousness hearing to see if it’s safe to release you at all. If you are denied pre trial release, you will stay in jail until your next scheduled court date.

Next Court Date Is Scheduled

Once the arraignment is over, the judge will give you your next trial date or pre trial conference date. This is a very important part of the process. If you are out on bail or released on your own recognizance, you must appear at every court date.

If you miss one, the judge may issue a warrant for your arrest. If you are in custody, your lawyer will appear with you or on your behalf. This next scheduled court date is when your criminal case will begin moving into the next phase, whether it’s pre trial, plea talks, or preparation for trial.

If You Plead Guilty or No Contest: Sentencing Is Scheduled

 

If You Plead Guilty or No Contest: Sentencing Is ScheduledIf you enter a guilty plea or choose to plead no contest, the court will move your case forward to the sentencing phase. This step is where the judge decides what penalties you will face. Sentencing can happen right away or be scheduled for a later court date, depending on the case.

 

 

Judge May Sentence Immediately or Order a Report

After a guilty plea, the judge has the power to decide your punishment during the same court hearing. But sometimes, the judge may want more information first. In that case, they will order a probation report, which gives details about your background, your life, and the facts of the criminal case.

The court may want input from a probation officer before giving you any penalties. This report can help the judge understand if you’re a good candidate for probation or if jail time is more appropriate. It may also include recommendations based on your past, the charges, and whether you have been found guilty before.

In more serious cases or when the charges are complex, the judge usually waits for this report. A new court date will then be scheduled for sentencing.

Victim Impact Statements May Be Considered

In many cases, the court may allow a victim to speak or provide a written statement before sentencing. These are called victim impact statements and can affect the judge’s final decision.

The victim may explain how the crime affected them emotionally, physically, or financially. The court takes these words seriously, especially in domestic violence cases or other more serious offenses involving injury or loss.

While the defense attorney will be focused on showing your side of the story, the court also wants to hear from the victim if there is one. This helps the judge see the full picture before making a decision.

Sometimes, these statements can lead to a harsher punishment. In other cases, they may help the court see that a lighter sentence is fair. Either way, they are part of the process and may be shared at the sentencing hearing.

Sentencing Hearing Determines Punishment

At the sentencing hearing, the judge will decide your final punishment based on the facts of your criminal case, your guilty plea, and anything presented by the lawyers or the probation department. This hearing is often short but extremely important.

You may be ordered to serve jail time, go on probation, attend a treatment program, or even pay restitution to the victim. The judge may also set rules you must follow if you’re not going to jail, such as community service or staying away from certain people or places.

The criminal court process gives the judge full authority to weigh all sides before handing down a sentence. Your lawyer will argue for the lowest punishment possible and explain anything that might help your case.

Once the sentencing hearing is over, your sentence begins right away, unless the judge sets a future date to report or start serving time.

Key Court Dates After Arraignment

Key Court Dates After ArraignmentOnce your arraignment is complete, the court sets a timeline of important dates that move your criminal case forward. These dates are crucial because they help both sides prepare and give the judge a way to track the progress of the case.

Preliminary Hearing (In Felony Cases)

In cases that involve felony charges, the next major step after arraignment is usually a preliminary hearing, which is a special court proceeding where the judge listens to some of the evidence to decide whether the case should continue toward trial.

This is not the full trial, but it is still very important because the district attorney must show that there is enough evidence to support the charges against you. During this hearing, your defense attorney can also ask questions, look for weaknesses in the case, and challenge the testimony of witnesses, especially during direct examination.

If the judge agrees that there is enough proof, your case moves forward. If not, the charges could be reduced or dismissed entirely, which is why having an experienced duty lawyer or private attorney with you at this stage is critical.

Trial Readiness or Settlement Conference

After the pre trial phase, most courts schedule a pre trial conference, also called a settlement conference or trial readiness hearing, where the judge, the district attorney, and your lawyer meet to discuss the status of your case and decide if it’s ready to go to trial.

At this stage, both sides usually talk about whether a plea agreement is possible or whether the case will move forward to a full trial. The judge might ask if all motions are complete, if both parties have exchanged discovery, and if the lawyers believe a jury trial is necessary.

If you have entered a not guilty plea, and no agreement is reached during the pre trial conference, the judge may officially set a trial date. If an agreement is made, the court may schedule sentencing or another hearing instead.

Jury Trial or Bench Trial

If no deal is made during pre trial hearings and your case goes forward, the court will schedule either a jury trial or a bench trial, depending on your choice and what your defense attorney believes is best for your situation.

In a jury trial, a group of twelve people from the community will listen to the evidence and decide if you are guilty or not. In a bench trial, the judge alone listens to everything and makes the final decision without a jury.

During the trial, the district attorney presents evidence first, followed by your attorney’s response, including direct examination of witnesses and arguments that support your defense. After all the evidence is heard, the case ends with a closing argument from both sides.

The judge or jury will then decide whether you have been found guilty, and if so, a sentencing hearing will be scheduled next.

FAQs

Do I need a criminal defense lawyer after the arraignment?

Yes, having a criminal defense lawyer after your arraignment is one of the most important decisions you can make, because your attorney will protect your rights, explain the court process clearly, speak on your behalf during all hearings, and help you prepare a strong case that can improve your chances of avoiding jail or reducing penalties.

Can I still get a plea bargain after the arraignment?

Yes, you can. In fact, most plea bargain discussions begin shortly after the arraignment and continue through the pre trial process, where both sides — the defense and the district attorney — work to see if there’s a fair agreement that avoids a full trial and still gives both sides a reasonable outcome.

Is it true that I have the right to remain silent after being charged?

Yes, that’s correct. Even after your arraignment, you still have the right to remain silent, and that means you don’t have to answer questions from the police, prosecutors, or anyone else without your criminal defense lawyer present, and staying quiet can often help avoid saying anything that might be used against you later.

Who decides if I go to jail right after pleading guilty?

The judge determines what happens next, especially if you enter a guilty plea or no contest plea, and they may sentence you right away or ask for more details before making a final decision, which means your lawyer should be ready to speak on your behalf and argue for the best possible outcome.

Can the judge dismiss my charges after arraignment?

It’s rare, but yes, the judge can dismiss charges in special cases, usually if there’s not enough legal support for the criminal charges, or if your criminal defense lawyer files a motion that shows a major problem with how the case was handled or how evidence was gathered.

Contact Our Bay Area Criminal Defense Lawyer for a Free Consultation

Contact Our Bay Area Criminal Defense Lawyer for a Free Consultation

If you’ve been charged with a crime and have gone through your arraignment, the next steps can feel overwhelming, especially when you’re unsure what to expect or how to protect your rights during each court hearing that follows.

At Summit Defense Criminal Lawyers, our goal is to help you understand the full criminal court process, answer your questions clearly, and build a strong defense that gives you the best chance at a favorable outcome, whether that means fighting for a dismissal, negotiating a fair plea bargain, or taking your case to trial.

Our experienced criminal defense lawyer team serves clients across the Bay Area and has helped thousands of people in situations just like yours. We take the time to listen, explain your options, and stand beside you in court.

Call us today for a free consultation and let us fight to protect your future, starting now.

Meet The Team
With over 120 years of cumulative and exclusive Criminal Defense experience, our reputation for aggressive and results oriented performance, whether in State court or Federal Court, has been documented by several Bay Area news channels and vetted by hundreds of satisfied clients. Our success and industry recognition is the result of our EXCLUSIVE FOCUS on criminal defense; we don’t accept personal injury or family law cases. This single-minded focus allows us to keep pace with the ever-changing landscape of legal doctrine and provide you with the best results possible.
our attorneys
James Reilly
Attorney at Law
RABIN NABIZADEH
Attorney at Law
DEEPTI SETHI
Attorney at Law
MARIO ANDREWS
Attorney at Law
COLLIN MOORE
Attorney at Law
ALISON MINET ADAMS
Attorney at Law
SCOTT MOSSMAN
Attorney at Law
PATRICIA CAMPI
Attorney at Law
ROSS PYTLIK
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