Knowing what to expect from the criminal court system as a citizen might be challenging, but it’s crucial to be prepared.
The uncertainty and length of the legal process can be daunting. It’s not always obvious what happens between an arrest and a criminal conviction and sentence. But you should know what to expect from the process and hire competent legal counsel in advance.
Because an arraignment kicks off formal legal processes, the time you spend in court will be limited to that period and no more.
How long will it take to Get to Sentencing after Arraignment?
This is highly unpredictable because it depends on numerous factors, such as the nature of the case, the accused, the prosecution, the defense attorney, the judges, the court’s schedule, and more.
A defendant’s next hearing is typically not scheduled for at least a month after arraignment. The case trial could be delayed for an extended period. Even though the defendant wants to skip the arraignment and go straight to the hearing afterward, they may not be able to do so.
Prosecutors, defense attorneys, and the court can work together to expedite a plea and sentencing in exceptional circumstances. A defendant who represents himself in court has a slim chance of succeeding.
If the case moves at the typical rate, it will be months before the sentence can occur. The check-in/status hearing that follows an arraignment in a rush case is typically where the defendant’s plea and sentence are negotiated.
It is important to note that several factors, such as the court’s schedule and the judge’s availability, are outside the attorney’s control when scheduling hearings.
In consequence, the time between arraignment and sentencing cannot be predicted. As attorneys, we often find ourselves wishing there was to provide our clients with more reassurance and confidence. But unfortunately, that’s not the situation here.
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When to Expect Sentencing in a Felony Case?
This schedule may be slightly different if you are subjected to criminal charges. The arraignment and sentencing appointments for felonies are separated by an additional court date.
The district attorney may submit all the data they hold against the defendant at the preliminary hearing. Within ten days of their first arraignment, defendants have the lawful authority to a preliminary hearing. You have the right to a preliminary hearing, which must be set within 60 days of your arraignment, or you will lose it.
Additional dates, such as an informational arraignment or information hearing, can be scheduled for felony cases. Having a skilled criminal defense attorney on your side can be helpful when you face arraignment and sentencing. Your attorney will help you get your day in court as soon as possible and explain all your other rights and alternatives in detail.
How long after a Preliminary Hearing is Sentencing?
At the preliminary hearing, the defendant in a criminal case will not be given a sentence or even a determination of alleged crimes. Instead, the hearing is held to see if the Commonwealth has enough evidence to proceed to trial or “show beyond a reasonable doubt” that the defendant is guilty of the charges against them.
If the judge doesn’t reach a verdict on guilt or innocence, there will be no punishment phase following the hearing. There is a chance that the charges may be dropped, and the case will be closed, but the defendant will never be proven guilty or given a sentence.
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How long does an Arraignment take?
The time frame of an arraignment hearing varies from case to case. As an initial concern, it is vital to remember that courtroom calendars are typically quite busy even though your hearing is set for a given time. A 9:15 a.m. hearing that was initially scheduled to begin at 10:00 a.m. often begins at 11:00 a.m.
The duration of an arraignment hearing is affected by several variables, including the defendant’s choice of plea (guilty, no plea, or not guilty) and the presence or absence of an attorney’s argument in favor of bail. Your case may take longer to resolve if it involves other legal difficulties, such as the necessity for a fair suspicion hearing. Or a problem with a different topic, such as a restraining order.
Generally, you may expect to wait longer than before the judges, which could be a couple of minutes, unless you have substantial legal arguments to be presented. You can also see What Happens After Arraignment for in depth detail.
What typically occurs during an arraignment?
The judge formally lays out the charges against the accused at the arraignment. At the hearing, bail will be determined if it has not already been done so. The defendant will then be informed of their rights and allowed to enter a guilty plea to the allegations against them.
What is the primary purpose of the preliminary hearing?
In California, only criminal charges warrant a preliminary hearing to determine whether there is substantial proof. Instead of going to trial, misdemeanor charges are typically resolved through a plea bargain, an “open” plea to the judge, or a negotiated plea.
How long after arraignment is sentencing in California?
The trial must begin no later than 30 days after the arraignment or the accused’s plea, whichever comes later if they are in detention at the time of the arraignment. The prosecution must begin no later than 45 days after the arraignment or the plaintiff’s plea, whichever comes later if the criminal is not in jail at the time of the arraignment.
How long between arraignment and trial is the time?
Twenty days following the initial appearance, the arraignment is scheduled. You’ll have to make another court appearance, but this time you have some explaining to do.
Hi, I’m Brian Gary; I have my Doctor of Juridical Science (SJD) degree from SMU Dedman School of Law in Dallas. Over the years, I have dealt with many families and successful corporate Legal cases. I have counseled many people on legal matters, and along with my profession, I write about Law on my blog. Please feel free to contact me for counseling/case discussion; I’ll be happy to help you.