In Georgia an arraignment is typically the first court date in the pre-trial formal process that a criminal law case takes.
Sometimes it is referred to as the "initial hearing" or the initial appearance in local courts like Fulton County State Court, Atlanta Municipal Court, and Cobb County State Court.
You are not legally required to have a lawyer standing next to you at arraignment in Georgia, but it is strongly in your best interest to have one (or at least have one retained before that date).
Why having a lawyer at or before arraignment matters
Yes. By effectively waiving arraignment, your lawyer ensures that you do not need to appear in person at this beginning stage. This means your lawyer will appear in court in your place so you don’t have to miss work or school.
Later that day or the next day your attorney will fill you in on what happened with the judge and prosecutor, next steps, and your next scheduled court date. This arrangement simplifies the legal process, saves time, and sets the stage for a more successful defense strategy.
It is critical to understand the beneficial role a defense lawyer plays before and during the arraignment. By hiring one of our best Atlanta criminal defense attorneys early on, you ensure that all necessary motions or legal challenges are filed to preserve your rights, including a plea of 'not guilty' in writing.
This proactive approach by your attorney can significantly influence the direction and outcome of your case, emphasizing the importance of legal representation right from the start.
If "arraignment waived" is announced, you should not have to go to court on that day. Your arresting officer also doesn’t need to make an appearance until a later court date, for example for a motions hearing or pending trial.
For some At6lanta-area courts your lawyer will need to be aware of "standing court orders" from that court's judges, for late filing of any motions.
Those people who quickly obtain private legal counsel can pre-file documents that say that the accused person knows his or her charges, and that being arraigned is unnecessary.
The criminal defense lawyer for the accused person usually requests additional time to file motions to obtain copies of all or part of the evidence, once the State prosecutor turns over "discovery" information. Evidence in a DUI case includes written police reports, officer bodycam video of your pullover and arrest, and breath test results.
In cases where an indictment was sought and obtained, your criminal defense attorney near me has only 30 days) to file a special demurrer or general demurrer to the State's indictment.
After being arrested, and typically after being booked and bonded out, you will have been formally accused of a crime. Based upon ancient precedent that was part of Common Law in England, a criminal court judge had to assure that you knew what you had been charged with doing. This information was revealed by a Judge to the accused at their arraignment.
In Great Britain 400 to 800 years ago, many accused citizens could not read or write, so the judge would have to read each separate charge to the accused person.
This outcome is very unlikely unless you come to court drunk or act out in a way to disrupt the court proceedings.
Formal arraignment usually happens soon after you are arrested (within 30 to 60 days), but it can also be scheduled for a later date, sometimes months later. For indigent persons, those who need court-appointed attorneys (i.e., the public defender) will usually have free legal counsel approved at arraignment.
For your best chance to fully fight your criminal case from a position of strength, retaining a skilled and experienced legal professional is needed.
In Municipal Court, the accused person (or his or her attorney) may need to attend multiple arraignment dates. The reason for this is that your legal professional needs to obtain "discovery" materials from that court prosecutor, like police bodycam video and police reports. This same rule applies to both misdemeanor and felony charges.
Once evidence is obtained, you or your lawyer can see if a reduction of charges can be negotiated. If no plea deal can be reached, the accused person will either waive a jury trial and stay in this court or opt to move the case over to a State Court or Superior Court, where a trial by jury is available.
SPECIAL NOTE FOR THOSE FACING DUI CHARGES: In virtually ALL arrests for driving under the influence, a one-of-a-kind "administrative license suspension (or revocation) civil action under Georgia implied consent laws will start 30 days after your arrest. Before 30 days goes by you must request a hearing to fight the automatic suspension. Our law firm will handle all of this for you.
Anyone facing DUI charges needs to get immediate legal help from a DUI attorney near me on handling this potential loss of all driving privileges.
WARNING! You have only 30 days after the DUI arrest date to act! Call our 24-hour number now for your FREE lawyer consultation near me on this time-sensitive issue applicable ONLY for driving while intoxicated cases. (404) 567-5515. We offer payment plan options too.