Getting arrested and facing charges is a stressful and confusing process. Understanding the sequence of events and your legal rights is the foundation of a successful defense strategy.
Having a trusted criminal defense attorney by your side will provide clarity about the arraignment process. It’s critical to have someone who will take time to explain in detail what’s going on and what options are available to you.
Steps in an Arraignment/First Appearance
After being arrested in Missouri you will be given an opportunity to ask for an attorney. If you face serious charges that can result in a jail sentence and cannot afford an attorney the court will appoint a public defender to help you.
You will be taken to court for an arraignment, or first appearance. That is a hearing before a judge at which you are formally charged with a crime, told your rights, and asked how you plead, or answer to the charge.
Your defense attorney should have time to meet you before your appearance in court, to discuss your options and explain what it means to plead guilty or not guilty. If you aren’t able to meet with an attorney or public defender it is possible to change your plea after the arraignment.
When you get to the courtroom, this is what to expect:
1. Reading the charges & advising rights
When your name is called, the judge will inform you of the exact criminal charge(s) filed against you. You will be told of your constitutional rights, such as your right to remain silent, your right to an attorney, and other protections.
2. Entering a plea
The judge will ask how you plead. Your options include:
- Not guilty: this means the charges are not accurate and you want the opportunity to prove that in future hearings or a trial. Many defense attorneys recommend this as your first plea as it provides time to build a defense.
- Guilty: this means you admit to the charges. This plea may shorten the next step by moving quickly to sentencing, but it’s critical to understand the consequences involved. Consider whether a guilty plea will impact the rest of your life by branding you with a felony conviction, or if you can strike a deal with the prosecutor for a lower charge or shorter sentence before entering a plea.
- No contest: this plea is not always allowed in Missouri municipal courts.
3. Release on Bail or other conditions
If you are not considered a threat to the community or at risk of running away, you may be released after posting bail—or agreeing to comply with other conditions set by the judge. Release conditions can include:
- Setting a bond, which means you or an associate must pay the court a certain sum as a promise that you will return for future hearings. This can be done through a bail bondsman or directly to the court clerk.
- Own recognizance means you are not a flight risk or a threat to the community. Under these circumstances the judge usually imposes additional conditions such as staying away from certain people, maintaining a job, and staying in the state unless specifically permitted to travel.
- Drug testing and other conditions that a judge imposes should be taken seriously. If you have no prior convictions and comply with the release conditions a judge may take your behavior into favorable consideration in the future.
4. Planning and scheduling
Following the judge’s decision about releasing you, they will schedule your next court appearance, which can be a pretrial conference, motion hearing, or trial date. It’s crucial to use that time to discuss your defense with an attorney.
Why Legal Counsel Matters
Consulting an experienced criminal attorney can help ensure that your rights are protected. Contacting Mueller Law Group to discuss your options can make a difference in your future.