Once criminal charges are filed, the defendant first appears in court in New Jersey. This stage is known as arraignment. The appearance is the first time you go to court in front of a judge. At the arraignment, you will be informed of the charges against you and what your rights are, such as the right to a trial and the right to have a lawyer appointed if you don't have the money to hire one.
Once an attorney has been assigned to you, you will respond to the charges. You respond to the charges by telling the court if you are guilty or not guilty. Before the guilty plea, your lawyer and the prosecutor can discuss the possibility of reaching an agreement without having a trial. If you plead not guilty, you'll get a court date for a hearing or trial.
If you plead guilty, the court will decide your punishment. If you are arrested, the first time you appear in court is in a brief procedure called an arraignment. The arraignment is not your criminal trial. During the arraignment, the prosecutor will file a criminal complaint with the judge stating the charges against him.
The prosecutor will prepare the criminal complaint based on evidence collected by the police, as well as on your criminal record. The charges may be very different from what you expect. It is important that you have a New York criminal prosecution lawyer at your appearance, as several important issues are addressed, such as your initial statement and bail. An appearance is your initial court appearance for your criminal defense case.
It is one of your constitutional rights to have charges brought against you. It is one of the accused's first opportunities to appear before the judge, even though their case will not be won in an arraignment. However, don't make the mistake of thinking that an appearance is a formality. If you are arrested or receive a notice to appear, contact a criminal defense lawyer right away.
Sometimes, a defendant may plead guilty to a very minor offence at the arraignment, such as disrupting public order. The main purpose of the arraignment is to inform the accused of the criminal charges against him. Ultimately, the judge will make the decision based on a variety of factors, such as the seriousness of the accusation, the evidence against you, your ties to the community, your criminal record, your history of court appearances, and other factors that will help the judge determine whether or not you are at risk of flight. You can also defend yourself, but understand that a criminal case is complicated and that a guilty conviction can affect your life in other ways besides going to jail.
Generally, courts must inform defendants of certain constitutional rights at the time of the appearance, such as the right to a trial, the right to a lawyer, and the right not to incriminate themselves. At the arraignment, the defendant's lawyer will receive the criminal complaint along with the police report. A criminal lawyer can help you understand the charges and find evidence and strategies to win the case. After the arraignment, there are several instructions for a criminal case to continue, and your New York criminal appearance lawyer will represent you throughout the process.
If a criminal complaint, information, or accusation is issued and the prosecution or court does not schedule the case to appear until months or years later, the defendant's lawyer may request that the case be dismissed due to the delay. Since many hearings are filed after the preliminary hearings, many defendants have already hired lawyers at this time. If you are a loved one and are suspected of having committed a crime, it is best to have the representation of a lawyer with experience in criminal charges who is familiar with the New York criminal system as soon as possible. The arraignment of charges is usually the defendant's first appearance before the judge and prosecutor.
Having a lawyer represent you at the arraignment can reduce the stress of the arraignment process for you and could ultimately make a difference in the conditions of release imposed by the court. As your criminal prosecution lawyer in New York will explain, if you are released after your appearance at ROR or because you paid a bond, you must return to court for each hearing and for the trial. .