San Diego Arraignment Hearing Lawyer Explaining The Process
An arraignment is the initial court hearing that begins any criminal case. An arraignment can be scheduled after an arrest is made, after a citation is given, or after a case is filed and you receive a letter in the mail advising you of the arraignment. At the arraignment, the defendant is advised of his or her constitutional rights during the criminal proceeding.
The defendant is then shown a copy of charging document, or complaint, stating the charges against him or her. The defendant would then normally enter a plea of not guilty and schedule future court dates. The defense attorney can also request all of the discovery and police reports at the arraignment.
It is important to have an experienced defense attorney at your arraignment, because you also have the right to file a demurrer if the charges are uncertain or not properly plead in the complaint.
The opportunity to file a demurrer is ONLY available prior to entering your not guilty plea. If you enter the not guilty plea first, then you waive your right to demurrer. For this reason, even at a simple hearing like an arraignment, it is important to have an experienced criminal defense attorney like the ones at the The San Diego Criminal Defense Pros by your side.