If you were arrested for a criminal offense in California, you will have an arraignment hearing. This hearing is your first court appearance with a judge and prosecutor in attendance. At this time, you will hear the charges filed against you and enter a plea. It’s natural to wonder if your charges can be changed after an arraignment.
Prosecutors do have the authority to change charges after they’ve been filed, a common occurrence following an arraignment. This is because the ongoing investigation may reveal new information. Contact a Burbank criminal defense lawyer from Simmrin Law Group to discuss your case, or keep reading to learn more.
What Is an Arraignment Hearing?
Your arraignment hearing will be scheduled after either a district attorney or the city lawyer’s office files formal charges against you. This hearing is your first formal court appearance in a criminal case. You will have an arraignment hearing, whether you are charged with a misdemeanor or a felony.
The arraignment hearing allows a judge to:
- Ensure you understand your constitutional rights.
- Relay the exact charges that have been filed against you.
- Accept your plea.
- Set your bail.
A Defendant’s Constitutional Rights
Both the state and federal governments grant defendants constitutional rights. These rights apply during your arraignment and throughout the criminal case proceedings.
Your rights include the following:
- The right to legal counsel
- The right not to incriminate yourself
- The right to a speedy trial
- The right to a trial by jury
- The right to confront adverse witnesses
For a free legal consultation, call (310) 896-2723
How Should You Prepare for an Arraignment Hearing?
If you have been arrested for committing a crime, consult with a lawyer before your arraignment. A knowledgeable criminal defense lawyer will be able to help you understand your charges and gather evidence related to your case.
Your attorney can help you collect evidence, such as:
- Your arrest report
- The police officer’s notes related to your arrest
- Eye witness statements
- Any documents the district attorney may reference
- Physical evidence, like weapons or tools used in the crime
If there is insufficient evidence, your defense attorney can file a motion to dismiss the charge against you.
Can Criminal Charges Be Dropped at an Arraignment Hearing?
It is not common practice for the charges to be dismissed at an arraignment hearing. In general, a judge does not have the power to dismiss criminal charges at the time of arraignment.
However, a prosecutor may dismiss charges at an arraignment if they have a valid reason, such as the discovery that a defendant was wrongly charged. More commonly, charges may be dismissed if the prosecutor and defense attorney agree on an early plea bargain at the arraignment.
Can Your Charges Be Modified Once the Arraignment Is Over?
As we mentioned, your charges can still be changed after the arraignment. For the most part, a prosecutor may alter or add to your charges at any time until the trial starts.
In rare instances, a prosecutor may even make changes to your charges after the trial has started. This is only likely to happen if further evidence is discovered.
Complete a Free Case Evaluation form now
What Plea Can a Defendant Enter During an Arraignment?
As long as your charges have not been dismissed at your arraignment hearing, you will enter your plea at this time.
You will either enter a plea of:
- Guilty: You waive the right to a trial and proceed to sentencing.
- No contest: Pleading no contest is different from a guilty plea in that it cannot be used as evidence in a civil case.
- Not guilty: Your case proceeds to the pre-trial stage.
Your lawyer will offer legal guidance as to what plea is right for your case.
Do You Have to Appear at an Arraignment Hearing?
Depending on the charges, you may not have to appear at your arraignment. If you were arrested for a misdemeanor, your lawyer may be able to appear on your behalf. However, certain offenses, such as domestic violence, will still require you to appear at your arraignment (in California).
If you were arrested for committing a felony, you must attend your arraignment hearing. However, there are exceptions, such as if a judge accepts your written waiver. If the hearing is held via videoconferencing, you do not have to show up in person.
What Happens If You Fail to Appear?
If you are required to appear at an arraignment hearing and you fail to appear, be prepared to be arrested. The court will issue a bench warrant authorizing police to arrest you and bring you to court.
Failing to appear will result in a second misdemeanor or felony charge being added to the one you are currently facing.
What Should You Bring to Your Arraignment?
When you go to your arraignment hearing, bring your photo ID to verify your identity and confirm your attendance. Be sure to bring any notice you received regarding your hearing. If you have additional evidence that may help your case, bring this as well.
Your lawyer can attend this hearing with you. In addition to reading the charges against you, a prosecutor may also take the opportunity to offer you a plea bargain. You want your lawyer there to field any plea deals you may receive.
A criminal conviction can turn your life upside down, which is why it’s important to retain professional legal representation. Contact Simmrin Law Group today for a free consultation.
What Happens After an Arraignment Hearing?
Assuming the charges against you are not dismissed at the arraignment hearing, your case will move to pre-trial.
This stage will include things like:
- Additional court appearances
- Lawyers filing motions with the court
- Discovery
- Change of plea
- Plea bargain
If you plead not guilty, your case will move forward with a trial. Your criminal defense attorney will review your case and the evidence against you to determine your chances of acquittal.
Contact a Criminal Defense Attorney in Los Angeles
Whether you have already been prosecuted or are preparing for your arraignment hearing, you need an experienced criminal defense law firm on your side. Your future may be on the line, and Simmrin Law Group is here to help.
If you’re wondering whether your charges will be changed after an arraignment, you probably need legal advice. If you are in Southern California, contact us now for a free consultation. During this initial conversation, a member of our legal team will listen to your story and advise you on your next steps.
Don’t go into your arraignment or other legal proceeding alone. Call now or fill out the online contact form and take the first step toward reclaiming your life.
Call or text (310) 896-2723 or complete a Free Case Evaluation form