Criminal Defense Lawyers

Arraignment Vs Indictment

Arraignment vs Indictment: What’s the Difference?

The Basics of Criminal Charges

An arraignment is basically the first court appearance for someone who’s been criminally charged. It’s where the charges against you are formally read out loud, and you enter a plea (guilty, not guilty, etc). The judge will also go over your constitutional rights and decide whether you can be released on bail while you await trial.An indictment, on the other hand, is what kicks off the whole criminal case in the first place. It’s a formal accusation made by a grand jury, stating that there’s enough evidence for you to be put on trial for the alleged crime. So in a way, the indictment leads to the arraignment.

The Indictment Process

Let’s start with indictments. Most serious criminal cases at the state level begin with an indictment issued by a grand jury. A grand jury is a panel of citizens who review evidence presented by prosecutors behind closed doors. Their job is to determine whether probable cause exists that a crime was committed and that you were involved. If the grand jury decides there’s enough evidence, they’ll hand down an indictment formally charging you with a crime or crimes. This is called a “true bill.” If they don’t think there’s sufficient evidence, they’ll issue a “no true bill” and the charges will be dismissed (at least for the time being).The grand jury process is supposed to prevent prosecutors from bringing unfair or baseless charges.

What Happens at an Arraignment?

Once you’ve been indicted or criminally charged, the next step is the arraignment. This is your first actual appearance in court for the case. A few key things happen:

• The charges against you are read aloud, often directly from the indictment. This ensures you understand exactly what you’re being accused of.
• You’re advised of your constitutional rights, like your right to an attorney (if you can’t afford one, the court will appoint a public defender).
• You enter your initial plea – guilty, not guilty, no contest, etc. Most people plead not guilty at this stage to buy time while working on their defense.
• Bail is set, which determines whether you’ll be released from custody or remain in jail while awaiting trial. Factors like criminal history and potential flight risk are considered.
• Upcoming court dates are scheduled for things like preliminary hearings, motions, and the trial itself if you plead not guilty.

The arraignment is a pretty short and straightforward hearing, but it’s an important first step in the criminal court process. Your plea at this stage isn’t final – you can always change it later on if you decide to take a plea deal or go to trial.

One important note – at the federal level, there’s often two arraignments. The first is after the initial charges, and the second is after the indictment if the case goes to a grand jury. State courts typically just have the one arraignment.

When Do You Need a Lawyer?

Honestly, you really should have a criminal defense attorney by your side from the very beginning – even before the arraignment if possible. They can start working on your case immediately and ensure your rights are protected every step of the way.A good lawyer can argue for you to be released on bail or with minimal conditions at the arraignment. They can also advise you on how to plead, though the standard not guilty plea buys you time. And having representation shows the court you’re taking the matter seriously.If you can’t afford a private attorney, definitely ask the court to appoint you a public defender at the arraignment. Going it alone is a huge risk, especially for serious charges. I get that lawyers are expensive. But criminal convictions can result in fines, jail/prison time, and a permanent record that makes life way harder. Investing in a skilled defense attorney is absolutely worth it to avoid those nightmare outcomes if at all possible.

Why the Difference Matters

You might be wondering – okay, so arraignments and indictments are different things that happen at different stages. But why does it really matter to understand the distinction? Here are a few key reasons:First, the timing of each event affects your legal strategy and options. An indictment means the charges against you are pretty solidified based on the grand jury’s findings. But before the arraignment, there’s still a window where skilled defense lawyers can sometimes get charges reduced or dismissed entirely through pre-trial motions and negotiations. Secondly, arraignments give you the opportunity to be released on bail while awaiting trial. But bail arguments are much harder to make after an indictment, since that implies a grand jury already found sufficient evidence against you. Timing is critical. Finally, understanding the different purposes of arraignments and indictments helps you make better decisions throughout the process. Pleading guilty or not guilty at arraignment, for example, has different implications than accepting or rejecting a plea deal after indictment.

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Load more

Google rating score: 4.9 of 5, based on 736 reviews

Potential Defenses and Strategies

Since every case is unique, there’s no one-size-fits-all defense strategy. But here are some potential approaches your lawyer might consider:

Challenging the Indictment

If there are issues with how the grand jury proceedings were conducted or the evidence presented, your attorney could file a motion to dismiss the indictment itself. Things like prosecutorial misconduct, improper grand jury instructions, or a lack of credible evidence could potentially get the indictment thrown out.

Plea Bargaining

In many cases, the best resolution is negotiating a plea deal with prosecutors. This usually involves pleading guilty to reduced charges in exchange for a more lenient sentence recommendation. The strength of the evidence, your criminal history, and the skills of your lawyer all factor into plea negotiations.

Suppressing Evidence

If law enforcement violated your constitutional rights through things like illegal searches/seizures or improper interrogation tactics, a suppression motion could get key evidence excluded from trial. With less proof, the charges may get reduced or dismissed.

Taking it to Trial

Of course, you always have the right to enter a not guilty plea and take your case to trial if you maintain your innocence or believe the prosecution can’t prove guilt beyond a reasonable doubt. A good defense lawyer will vigorously advocate for you and hold the state to its high burden of proof. No matter what, having an experienced criminal defense attorney in your corner is crucial. They know all the potential strategies, motions, and legal maneuvers to pursue the best possible outcome based on your unique circumstances.