If you haven’t spiraled into the criminal justice system, you are lucky. However, if this is your first time stuck in the legal system, let us tell you, it can be a labyrinth of procedures, terms, protocols, and more. Navigating through the legalities of a case in Raleigh, NC, while being stuck behind bars can be overwhelming for anyone. Undoubtedly, a bondsman in Raleigh, NCcan help you to get out of jail before your trial, but in case you are wondering what happens during an arraignment, and what the legal terms associated with it, here’s your glossary!
Arraignment
The arraignment is a formal court hearing during which the accused person is brought before a judge. It serves several important purposes, including:
- Reading of Charges: The accused is informed of the charges against them.
- Setting Bail: The judge decides whether to release the accused on bail or remand them in custody.
- Appointment of Legal Representation: If the accused can’t afford an attorney, the court will appoint one.
Bail
Bail is a financial arrangement that allows an accused person to be released from custody until their trial. The judge determines the bail amount based on factors like the severity of the crime, the defendant’s flight risk, and their criminal history. Paying bail enables the accused to await their trial outside of jail, but if you have financial constraints, and you can’t pay the bail amount, bail bonds in Raleigh, NC,can be a great option.
Plea
At the arraignment, the accused has to enter a plea. There are typically three options:
- Guilty: The accused admits to the charges.
- Not Guilty: The accused denies the charges and opts for a trial.
- No Contest (Nolo Contendere): The accused neither admits nor denies the charges but accepts the consequences of a guilty plea.
Continuance
A continuance is a request made by either the prosecution or the defense to postpone a court hearing. The continuance is typically an extension made to allow more time for preparation or other valid reasons, and it must be approved by the judge.
Preliminary Hearing
In cases where the crime committed is more serious, a preliminary hearing is held after the arraignment. The preliminary hearing determines whether there is enough evidence to proceed to a trial. The judge needs to find probable cause to continue with the case.
Subpoena
A subpoena is a legal order that requires a person to attend a court proceeding or provide documents, records, or testimony. Witnesses may be subpoenaed to testify during a trial or deposition, and failure to comply can result in legal consequences.
Sentencing
After a trial, if the accused is found guilty, the judge will determine the appropriate punishment. The sentencing can include fines, probation, community service, or imprisonment. The severity of the sentence depends on the nature of the crime, the defendant’s criminal history, and other relevant factors.
Acquittal
An acquittal occurs when the accused is found not guilty of the charges. This means the prosecution failed to prove the defendant’s guilt beyond a reasonable doubt. An acquittal results in the accused’s release, and they cannot be retried for the same offense.
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