How the Arraignment Process Works in Connecticut

For individuals facing criminal charges in Connecticut for the first time, the arraignment may be their first formal encounter with the criminal legal system. While the arraignment is generally a short proceeding, it establishes the foundation for the rest of the criminal case. For someone who has been charged with a crime, understanding the arraignment process in Connecticut can clarify this important step and allow a defendant to make informed decisions about their case, their legal representation, and how they wish to move forward.

What Is an Arraignment?

The arraignment is the first step in the formal criminal legal process. Its purpose is to formally advise the defendant of the charges against them and the maximum penalty that could be imposed for each charge if they are convicted. Arraignment is also the defendant’s first opportunity to enter a plea.

When Does the Arraignment Occur?

Arraignment typically occurs within a few days after an individual was charged with a crime. For defendants who were arrested and taken into custody, arraignment generally occurs on the next business day after the arrest. Defendants who were charged with a crime and issued a summons must appear in court on the date specified in the summons.

What Happens During the Arraignment Process?

The arraignment is a significant milestone in a criminal case. It represents the start of the criminal legal process and is the defendant’s first formal appearance in court.

In some courts, the judge will call each defendant’s case and read them their rights individually. In others, the judge will read all the defendants their rights at once before hearing individual cases. Regardless of the format, the arraignment process can take most of the morning, depending on how busy the court is and the defendant’s position on the court’s docket.

Several important things generally occur during the arraignment process:

1. The judge advises the defendant of their rights, including the right to remain silent, the right to legal counsel, the right to a speedy and public trial, and the right to confront witnesses and to call witnesses on their behalf.
2. The judge reads the charges against the defendant.
3. The defendant enters a plea.
4. The judge reviews the charges and sets bond.

“How Do You Plead?”

In most cases, particularly those involving anything more than a minor misdemeanor and those in which the defendant has or intends to retain legal counsel, the defendant should enter a plea of Not Guilty. This is the case even if the defendant believes they have no viable defense. A criminal defense attorney can often identify deficiencies in the state’s evidence or procedural errors that can pave the way for fruitful plea negotiations.

Will the Judge Set Bond?

Depending on the nature and severity of the charges, the judge may set bond. “Bond” refers to a promise to pay money or provide some other form of assurance that the defendant will appear in court. If the defendant fails to appear at a later court date, the defendant forfeits the bond amount and the court will issue an arrest warrant.

How Does the Judge Set Bond?

When setting bond, the judge will consider various factors that balance the need to ensure the defendant appears at future court dates with the need to protect public safety.

When evaluating the likelihood that the defendant will appear at future court dates, the court will consider factors such as the defendant’s ties to the community, their financial resources and criminal history, and the severity of the charges.

The court must also consider public safety and will evaluate whether the defendant poses a threat to the community or specific individuals.

The court may consider additional factors, such as the defendant’s mental health, history of substance abuse, compliance with prior court orders, and the strength of the evidence against them.

If bond is granted, the court may impose conditions of bond, which typically require that the defendant refrain from committing any new crimes, notify the court of any change of address, and not leave the jurisdiction without notifying a court representative. In some cases, the court will require that the defendant refrain from using alcohol and recreational drugs, and that the defendant submit to periodic alcohol and drug testing.

What Happens After the Arraignment?

Once the arraignment process is over, the court will schedule a pre-trial conference where the prosecutor and the defendant’s attorney (if they have one) will discuss the charges and the evidence against the defendant, exchange discovery, and engage in plea negotiations.

Do I Need an Attorney to Represent Me During the Arraignment Process in Connecticut?

While you are never required to obtain legal counsel, you will almost certainly benefit from hiring an experienced criminal defense attorney. A defense attorney can explain the criminal legal process, advise you of your rights, protect you against overreach by an overzealous prosecutor, advocate for the least restrictive bond conditions, and help to expedite legal matters at the arraignment and throughout the legal process.

Contact The Lebedevitch Law Firm, LLC, Today

Stephen Lebedevitch is an experienced and sought-after criminal defense attorney. With offices in Fairfield, The Lebedevitch Law Firm represents individuals who were charged with crimes in Stamford, Greenwich, New Canaan, Norwalk, Darien, Rowayton, Fairfield, Trumbull, Westport, Wilton, Weston, Danbury, New Haven, Bethany, Woodbridge, Milford, Stratford, Bridgeport, and throughout the State of Connecticut.

Contact The Lebedevitch Law Firm today to schedule a confidential appointment to discuss your situation and how we can assist you.