What Are My Rights At Arraignment?

August 30, 2021 Written by
Your Rights At Arraignment Your Rights At Arraignment Kitsap Attorney Ryan Witt

Rights At Your Arraignment

 

If you have been charged with a crime by any governmental authority, you have the following rights at your arraignment:


1. You are presumed innocent of any charge unless the charge is proven beyond a reasonable doubt.


2. You have the right to a speedy trial. If you are held in jail before trial you must be brought to trial within 60 days after the date of your arraignment. If you are not in jail or if you are released from jail before trial, you must be brought to trial within 90 days after the date of your arraignment. If you are released from jail before trial you must be brought to trial within 90 days after the date of your arraignment.


3. You have a constitutional right to a jury trial unless you specifically give up that right by signing a jury trial waiver.


4. You have the right to see, hear and question all witnesses who testify against you.


5. You have the right to call witnesses on your behalf. You may have the Court subpoena witnesses to appear and testify at no prior expense to you.


6. You have the right to testify on your own behalf. You also have the right to remain silent and not give testimony or present any evidence in your defense. Your silence cannot be used against you.


7. You have the right to be represented by an attorney of your own choosing at arraignment and at all hearings. If after you are screened, it is determined that you cannot afford an attorney, one will be appointed for you. If you do not have an attorney at arraignment, you do not waive your right to an attorney at any later hearing.


8. If you feel you cannot have a fair trial because of the bias or prejudice of a particular judge, you have the right to ask for a different judge within 10 days of actual notice of assignment to that judge. You are entitled to only one change of judge.


9. If you plead guilty, you give up or waive all of the rights listed above except the right of representation by an attorney.


10. You have the right to appeal any judgment entered by this Court. To begin the appeal you must file a written Notice of Appeal in this Court within 30 days of the judgment.


11. If you are not a United States citizen, a guilty finding to an offense punishable as a crime under state law may be grounds for deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States.


12. If you are not a United States citizen, you have the right to speak to someone from the Consulate of the nation where you are a citizen before being arraigned on any criminal offense.


13. If you are not a United States citizen, and are being held in jail, you have the right to request the prosecuting attorney notify the Consulate from the nation where you are a citizen that you are in jail.

Don't assume you can handle a criminal case on your own

 

Don’t go to Court alone and unprepared. While you may have all these magnificent rights, you need an attorney on your side that knows how to use them. Give our office a call.

Do you have more question about what happens at your arraignment? If yes, click on the box below.

 

What Happens Before And During An Arraignment?