After an arrest in Washington, several processes will occur. Once a person is booked, the first courtroom-based proceeding that he or she will attend is arraignment. During this hearing, the judge will read the charges against the defendant and ask him or her to enter a plea.
The arraignment process can be confusing, especially if you have never had a case in criminal court. In these situations, it is important to consult with a criminal defense attorney prior to entering this hearing.
What Happens During an Arraignment?
Arraignments often mark the beginning of a criminal proceeding. They usually take place a few days following an arrest, although this can vary based on the court system. A criminal court judge oversees the arraignment.
During a typical arraignment, the following events usually occur.
- First, the judge will notify you of the charges against you, reading the law that you are accused of violating. The judge will also notify you of certain rights, such as your right to a lawyer.
- The judge may also ask you if you want to hire an attorney if you have not already done so. If you do not want to hire a lawyer, the court will appoint a public defender to handle your case. If you intend to hire a lawyer in the future, your arraignment will likely be rescheduled.
- If you have been in jail since your arrest, the judge will discuss the conditions of your release. He or she may set bail terms, release you without bail, or recommend that you stay in jail until your court date.
- The judge will also initiate the discovery process, where the prosecution and the defense share evidence. At the arraignment, the prosecutor will likely provide the defense with a copy of the police report.
- Finally, the judge will ask you to enter into a plea of guilty, not guilty, or no contest. If you plead guilty or no contest, the case will enter the sentencing phase and the judge will assign penalties. If you plead not guilty, your case will continue to trial.
What Plea Should You Enter at the Arraignment?
Before entering a plea at your arraignment, it is very important to discuss your case with a criminal defense lawyer. Different options work best for different cases. You may benefit from entering a deal and pleading guilty at the arraignment. In other cases, it is in your best interest to plead not guilty and see your case go to trial.
Pleading not guilty also provides more flexibility. If you enter into a not guilty plea at your arraignment, you can change it to a guilty or no contest plea in the future. You also have the right to enter a plea agreement up until your trial. For these reasons, many defense attorneys advise their clients to plead not guilty at the arraignment.
Consult with a Washington Criminal Defense Lawyer
If you are arrested in Washington state, you have the right to an attorney. Hiring your own criminal defense lawyer is an important investment; your lawyer can guide you through each stage of the court process and advocate aggressively for the best possible outcome. Contact an attorney as soon as possible following your arrest to discuss your next steps.