An arraignment is a court proceeding where a defendant is called before
a judge and officially informed of their charges. The arraignment does
not occur until
after the defendant has been
arrested and charges have been filed against him or her. During the arraignment,
the defendant is asked whether he or she pleads guilty or not guilty to
the offense being charged.
In some jurisdictions, during the arraignment the judge determines whether
bail will be set, or the defendant will be released on his or her own
recognizance. The goal of the arraignment is twofold: 1) to inform the
defendant of the charges against him or her, and 2) to give the defendant
sufficient information so he or she can defend themselves.
FAQs About the Arraignment
Have questions about the arraignment? We have answers! Read on as we answer
frequently asked questions about arraignments in Texas.
Where state law addresses arraignments?
In Texas, arraignments are covered under
Title 1, Chapter 26 of the Code of Criminal Procedure.
Do I have to appear for my arraignment?
Not necessarily. Under Art. 26.011, a defendant’s criminal defense
attorney may submit a waiver of arraignment. If the Clerk of Court accepts
the waiver, the defendant may not need to show up for the arraignment.
What is the purpose of the arraignment?
It is to confirm the defendant’s identity and hear his or her plea,
such as guilty or not guilty.
When does the arraignment take place?
The arraignment cannot take place until it’s been at least two full
days since the defendant was served a copy of his or her indictment, unless
the defendant was released on bail, or their right to a copy of the indictment
was waived or delayed.
Are You Facing Criminal Charges in Plano?
If you’re facing
criminal charges in Plano or Dallas, it’s critical to be represented by a skilled
criminal defense attorney at your arraignment. To work with a legal team
with a distinguished reputation,
contact The Zendeh Del Law Firm, PLLC today!