When you enter a guilty plea, you are admitting to the accused crimes. The judge also will make sure you under your rights and the ones you give up when you enter a guilty plea.
What Happens During an Arraignment in Texas
Most importantly, once a judge determines a plea is valid, you are sentenced immediately. When you plea of not guilty, you are stating in open court that you did not commit the crimes filed against you.
After your plea, the judge sets a trial date. Some worry that entering a not guilty plea will make a defendant look like a liar if they later plead guilty or accept a plea bargain.
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It is not considered lying to the court. Entering this plea gives you an opportunity to prepare for a fair trial.
Overview of Criminal Process in Tarrant County
Entering a mute plea is when a defendant stays silent and does not make a plea. The lawyer representing the defendant informs the court of the mute plea, and then, the judge enters the plea as not guilty. Entering this type of plea, allows you to plead not guilty without admitting that the criminal justice process moved along correctly until then. When entering a no contest plea, you are not disputing the charges, but you also are not admitting to committing the crimes against you.
In some cases, a no contest plea is reserved for cases where a related civil trial may follow. After you enter a plea, a judge likely will set tentative dates for related conferences and proceedings. If appropriate, you also may request bail.
What is the Difference Between Being Charged and Being Indicted?
Remain silent; you know this part, "anything you say can be used against you in a court of law. If the accused wants to exercise these rights, they must inform the arresting officer. If the officer fails to inform a suspect of these rights, it does not mean that the charges will be dismissed automatically or that evidence will be thrown out. The law requires that the accused be seen by a judge within 48 hours after an arrest.
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The judge will inform him of the charges he faces and whether there is an affidavit, which is a sworn statement, supporting the charges. The judge will make sure that the accused understands his rights, which include:.
The presence of an attorney during any interview with police officers or attorneys representing the state. The judge is required to allow reasonable time for the accused to consult with a lawyer and set a reasonable bond, if allowed by law. This is when the judge will set certain conditions to ensure that the accused returns to court if he or she is released from jail. Unless they are charged with capital murder, all defendants have the right to be released on bail if they can provide enough collateral.
What is an Arraignment?
If the bail is set too high, a defense attorney can request a bail reduction hearing and must show that a defendant does not have enough collateral to pay such a high bond, is not a flight risk, has ties to the community and is not a danger to the public or the alleged victim. A judge can also decide whether to release the accused under a personal recognizance bond, which does not require that a surety be paid or that other forms of collateral be offered.
The money will be refunded once the case is over. A bail bond involves using a bonding company or a bail bondsman to borrow the money to meet the conditions of the bail set by the judge. No worries here, right? This was a tactical mistake, as you will soon see.
Getting Out of Jail after You Have Been Arrested - FindLaw
The state argued that a felony court is entitled to keep a misdemeanor case beyond the 90 days, when the misdemeanor is related to the original felony. State , So. Once that happened, the felony was reduced to a misdemeanor DUI. Under the rules of such a dismissal, the state is granted an extension of the speedy trial time to file any appropriate misdemeanor.
The mistake here was dropping the felony charge and re-filing it as a misdemeanor.
Related time lapse between arrest and arraignment in texas
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