What Happens at an Arraignment in a Maryland Criminal Case?

When someone is charged with a crime in Maryland, they may not understand what happens next, especially if they are a first-time defendant. This is partly why many people do not obtain legal counsel before an arraignment. They don’t understand the process or the importance of legal representation.

In this blog, we’ve outlined what an arraignment hearing is, explained what to expect, and discussed the importance of having a lawyer, if possible. Keep reading to learn more.

If you are facing criminal charges and need an attorney as soon as possible, we encourage you to reach out to Drew Cochran, Attorney at Law. Our team is available for consultations to educate you on your legal options.

What is an arraignment hearing in Maryland?

The initial appearance after an arrest is to review the charges, advise the defendant of certain rights, and address pretrial release. An arraignment is when the accused is brought before the court to plead to charges in an indictment or information. Sometimes the first appearance and the arraignment happen at the same time.

What happens at an arraignment hearing?

After an arrest, a defendant generally must be taken before a judicial officer without unnecessary delay and, in District Court matters, no later than 24 hours after arrest. An arraignment may occur later, depending on the court and charging document.

Formal review of criminal charges

During an arraignment, a formal review of the charges is presented by the judge. An arraignment for a felony charge typically has more steps and is more complex than one for a misdemeanor.

Many people do not yet understand the full extent of the charges they are facing after an arrest. The arraignment allows the judge to ensure the defendant understands the charges they are facing. The judge also makes sure the defendant understands their rights regarding the charges.

Plea

Once the formal charges have been reviewed, the defendant is asked to make a plea. The options typically include guilty, not guilty, or, with the court’s consent, nolo contendere. Initial pleas are not set in stone. They can change if a plea deal is reached later on.

Pretrial release or bond review

This may happen before the arraignment, depending on the case. A judicial officer may determine pretrial release conditions, including bond, at the initial appearance or a later bail review. At a bail review, the prosecutor may discuss charges, the defendant’s criminal history, if they have one, and other factors.

An experienced criminal defense attorney can help a client process the steps of an arraignment. They can also explain what will happen beforehand to help them feel less nervous about the situation. An attorney may also be able to get lower bond amounts for some clients. They have the knowledge needed to request bail changes. This can help clients avoid staying jailed for longer than necessary.

Right to an attorney

If the defendant doesn’t have an attorney, the judge advises them of their right to one.

Scheduling

The next step in the legal process is typically scheduled during an arraignment. For example, for some felony charges, the defendant may request a preliminary hearing at the initial appearance or within 10 days after it. Misdemeanor charges may be scheduled in the appropriate court during this session.

Maryland criminal arraignment FAQs

Many defendants have questions about the criminal arraignment process in Maryland. We’ve answered some of the most common questions below:

What is the timeline from arrest to initial appearance or arraignment?

In Maryland, an initial appearance happens without unnecessary delay and generally no later than 24 hours after arrest. This is so that the bond can be determined and charges reviewed. This leaves little time for a defendant to obtain legal counsel. It’s encouraged that anyone in this situation speak to a criminal defense attorney as soon as possible.

What is the difference between District Court and Circuit Court arraignments?

There are four types of courts in Maryland. The District Court hears most civil and some criminal cases. This court is where most misdemeanor cases are completed. District Courts hear limited felony cases.

The Circuit Court hears major civil cases and serious criminal cases. The Circuit Court hears most felony cases. If a District Court case results in someone requesting a jury trial, it would move to a Circuit Court.

Depending on the charges and charging document, a person’s initial appearance, arraignment, or next court date may fall under one of these courts.

What happens after an arraignment?

What happens after an arraignment depends on the case and the related circumstances. When charged with a felony, the next step may be a preliminary hearing. Most misdemeanors move forward with a District Court trial date.

The prosecutor takes this time to gather evidence to build a case. Discoverable information is shared with the defense attorney for the defendant. This allows the legal team to build a stronger defense and know what they will face in court.

Sometimes prosecutors propose a plea deal after an arraignment. A plea deal often involves the defendant pleading guilty, but the punishment is typically lighter than it would be if the case goes to trial.

No matter what happens after an arraignment, a defense attorney helps clients navigate the challenges.

Why is having an attorney at arraignment important?

It can be beneficial to have an attorney present at an arraignment. A criminal defense attorney can begin advocating for their clients’ rights from the start. They can also educate their client on the charges and legal options available.

Defense attorneys also speak on their client’s behalf. This helps them to avoid incriminating statements. Many people feel less nervous at the arraignment with an attorney by their side.

Contact Drew Cochran, Attorney at Law, for a consultation

Drew Cochran, Attorney at Law, is well-versed in handling criminal arraignments for his clients. He helps clients through the process and the following steps, while advocating for their rights. If you need an attorney for your arraignment, Drew wants to help. Contact Drew Cochran, Attorney at Law, today to request a consultation.