Following up on our post last week outlining the purpose and structure of arraignments, today we want to highlight the importance of not missing the arraignment, and seeking legal counsel when necessary.
This might seem like a common sense thing to do, but unfortunately there are instances of people receiving a citation, failing to be present at the arraignment - or not being represented by a defense attorney - and then facing even more serious penalties. Sometimes this happens because the defendant purposefully misses the court date. Other times, though, the defendant doesn't understand the significance of the court date or the nature of the charges.
When someone is arrested for a felony or misdemeanor, the arraignment date is generally clearly communicated to the defendant during the booking process. Failure to appear at an arraignment in these instances is usually a deliberate decision.
What we often see causing confusion is when someone has been issued a citation for a misdemeanor but is not placed under arrest. For example, a minor charged with possession of alcohol might not be arrested. The police might simply issue a citation - the piece of paper that lists the charges and specifies the court date. Nonetheless, underaged possession of alcohol in a public area is a misdemeanor and the court date listed is on the citation is the arraignment.
Failure to show up for an arraignment can result in a warrant being issued for the defendant's arrest and the possibility of increased jail or prison time, fines, or other penalties. If you've been cited by the police, it's important to contact a defense lawyer to determine the nature of the criminal charges and to devise a defense strategy. Moreover, a defense attorney can appear for you on your behalf for misdemeanor charges, allowing you to not have to appear in court.
