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If a defendant, the person accused of a crime, is in custody, he
or she has the right to an arraignment within 48 hours of being
arrested. At this hearing the judge will officially tell defendants
about their constitutional rights and explain the charges against
them. Also, bail (property temporarily given to ensure that a person
released from custody will return at an appointed time) may be raised
or lowered. In order to be released without paying bail, defendants
may request to be released on their promise to appear. This is called
"on their own recognizance" At the arraignment defendants will be asked to plead to the charges
against them: guilty, not guilty, or in some cases, nolo contendre. Misdemeanors During the arraignment, if a defendant pleads not guilty to a misdemeanor,
the judge will set the date for a trial. The trial will be held
within 30 days if the defendant is in custody or within 45 days
if the defendant is not in custody-unless the defendant waives the
right to a speedy trial. If a defendant pleads guilty to a felony at the arraignment, he
or she must be represented by an attorney (unless the defendant,
in a noncapital case, waives the right to one). After a guilty plea,
the judge has the option to keep the case in that court for sentencing
or probation or to transfer the case to a superior court.
We can help you! If you would like to receive a consultation
with an attorney click here. We serve the areas of San Diego, Hillcrest, El Cajon, Spring Valley, Santee, Lakeside, Otay, Jamul, Pine Valley, La Mesa, Encinitas, Escondido, Poway, Del Mar and all other San Diego areas. |
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