Criminal Defense Lawyers

Waiver Of Arraignment

Understanding the Waiver of Arraignment

The arraignment is one of the first steps in the criminal justice process after an arrest. It’s when the defendant is brought before a judge, informed of the charges against them, and asked to enter a plea. Often, defense attorneys will advise their clients to waive (skip) the arraignment. But what exactly does this mean?

What is an Arraignment?

An arraignment is a formal court hearing early on in a criminal case. The key parts are:

• The judge reads the formal criminal charges against the defendant. This is their first chance to hear the exact violations they’re accused of.
• The judge advises the defendant of their rights, like the right to an attorney and to remain silent. This ensures they understand their legal protections.
• The defendant enters a plea of guilty, not guilty, or no contest. This marks the first time they officially respond to the charges.

The arraignment typically happens within 48 hours after an arrest. So it’s very early on as the case gets going.

Why Would a Defendant Waive Arraignment?

Defense lawyers often recommend waiving (skipping) the arraignment. There are a few strategic reasons why:

• Buy time – Waiving arraignment pushes back the next hearing by weeks or months. This gives the defense attorney vital time to build their case.
• Avoid tipping hand – At the arraignment, the defendant must enter a plea. But their legal strategy might still be forming. Waiving prevents showing their hand too early.
• Prevent complications – Things like requesting bail happen at arraignments. Waiving the hearing avoids potential issues.

Basically, the arraignment forces decisions before the defense has all the information. Waiving it lets them better control the process early on.

How Does Someone Waive Arraignment?

To waive arraignment, the defendant files a short, written waiver of arraignment form with the court clerk. This form acknowledges their rights and enters a “not guilty” plea. It’s usually just a page or two.

Some key things about the waiver process:

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• The defendant signs it, affirming they understand their rights and the plea entered.
• Their defense attorney also signs in approval of waiving the hearing.
• The judge still has to accept the waiver for it to take effect.
• Waiving only skips the court hearing itself, not the other functions of an arraignment.

So while the courtroom process is avoided, things like formally entering a plea and setting bail still occur.

What’s Next After Waiving Arraignment?

With no arraignment hearing, the next major court date is the pretrial conference. This is where the defense and prosecution meet with the judge to discuss plans for the case. Key things they cover:

• What pretrial motions and discovery requests will be filed
• Potential plea bargain options
• Whether a trial looks likely

Pretrial conferences typically happen 4-6 weeks after an arraignment would have occurred. For cases with waived arraignments, it marks the first major court hearing.

Weighing the Pros and Cons

Waiving arraignment can be a wise legal move. But it also comes with drawbacks to weigh:

Potential Pros

• Gives the defense crucial extra prep time
• Avoids showing strategic hand too early
• Prevents possible procedural missteps

Potential Cons

• Delaying the case may frustrate the prosecution or judge
• Could give impression of not taking charges seriously
• Bail determination gets delayed

Overall, it’s a tactical decision that depends on the specifics of the case. An experienced criminal defense lawyer can advise if it’s the right maneuver.

Options If You Miss The Arraignment

Sometimes people miss their scheduled arraignment hearing altogether. Often it’s because they failed to appear (FTA) after making bail. Other times it’s a simple mix-up.

If this happens, here are some potential next steps:

• Turn yourself in – For FTAs, going to the court or police to get re-arrested limits further complications. New bail terms and penalties will apply.
• File a waiver – Defendants can still file the standard waiver of arraignment form despite missing court. This efficiently enters a “not guilty” plea.
• Request new hearing – For missed hearings due to mistakes, defendants can ask the court to reschedule so they can plead in person. Penalties may still apply.
• Issue arrest warrant – If no action is taken, the judge can order an arrest warrant against the defendant for failure to appear. Police will arrest the defendant wherever found.

So while options exist if you miss arraignment, additional legal troubles also follow. Avoiding this outcome is best.

When Waiving Arraignment Is Not Allowed

While waiving an arraignment is usually possible, some cases do not permit it. Common situations where courts deny arraignment waivers include:

• Defendants facing felony charges – Felonies are more serious crimes, so judges want the on-record courtroom plea.
• Previous failures to appear (FTAs) – A history of missing court dates means judges less likely to waive hearings.
• Defendants with an active bench warrant – The existing legal order for police arrest takes priority in getting the defendant into court.
• Co-defendants in the same criminal case – For cases with multiple defendants, issues with consistent pleas and bail determinations mean waiving hearings is rarely allowed.

There are other rare scenarios too. But in most misdemeanor cases with no major complications, getting a waiver approved is straightforward.

When Should You Waive Arraignment?

So when does waiving the arraignment make sense? The best candidates are typically defendants facing low-level misdemeanor charges with no major complications.

Specific factors that favor waiving the hearing include:

• You face only minor misdemeanor offenses
• You have minimal or no criminal history
• You are not currently on probation
• You have reliable transportation and communication
• Your charges do not involve co-defendants
• Your attorney recommends waiving

Of course, every case has unique details to weigh. But when those conditions apply, skipping arraignment is often smart. Just be sure to still enter a “not guilty” plea in writing.

Consulting an Attorney About Waiving

Because formal pleas get entered and rights waived, consulting an attorney is key. A quality criminal defense lawyer can advise if skipping the arraignment best serves the defendant’s interests.

From bail determinations to long-term impacts on the case, many issues are at play. An experienced local attorney knows how prosecutors and judges approach waived arraignments. They can accurately gauge risks and benefits.

So while waiving the initial arraignment hearing may sound beneficial, defendants should not make the choice alone. Speaking to a criminal defense lawyer beforehand is vital.

The Takeaway

While arraignments mark criminal cases getting underway, waiving them is often strategic, especially for minor misdemeanors. The extra preparation time and avoided complications help defense attorneys seize control early on. Just be sure to still enter a plea in writing.

Hopefully this breakdown clarified exactly how waiving your arraignment works. The system has many intricacies, but the right attorney can guide you through. Reach out now to discuss your best next steps.