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608 West 12th Street, Suite B Austin, TX 78701
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706 Rock St, Georgetown, TX 78626
512-369-3737
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One of the first questions you may have is, Can you go to jail at an arraignment? It’s very rare for a defendant to be taken into custody during an arraignment unless warrant has issued from a bond violation, new charges, etc. From arraignment through sentencing, it may initially seem overwhelming to have to navigate the legal system in Austin, TX. The Law Office of David D. White, PLLC will walk you through each step from beginning to end. We’re located at 608 W 12th St Ste B, Austin, TX to serve you.
An arraignment is an appearance in the court for a criminal matter whereby charges are read to you on the record, your rights explained, and the right to plead is afforded to you. The judge may address the issues of bail and appointment of counsel if necessary. Most jurisdictions will allow the defendant to waive this setting and enter a plea of either “guilty” or “not guilty” through motion to the Court.
Can you go to jail at an arraignment in Texas? Yes, it’s possible. While arraignments are not meant to punish, the judge may order detention if bond is increased or you fail to follow court orders.
Yes, it is possible to go to jail after an arraignment. According to the Network of Care, you could be held in custody if something has occurred during the case which has changed the Judge’s mind about the effectiveness of the bond conditions currency in place. Usually the defendant is immediately released pending the next setting determined by the Court.
Under the state’s law, you are entitled to an arraignment if you are facing criminal charges. The Texas Code of Criminal Procedure mandates that individuals accused of crimes be formally informed of the charges and their rights in court, unless waived in writing. The process guarantees fairness and due process for defendants, as noted in Beyond Courts, an organization focused on demystifying court procedures.
Preparation is key to ensuring a successful arraignment. Review your charges carefully, consult with an attorney, and be ready to address bail conditions or other potential outcomes. It is essential to have an advocate who understands the intricacies of Texas criminal law and can represent your best interests.
Yes, an attorney is highly recommended. Criminal cases involve complex laws, and a lawyer can help negotiate bail, explain charges, and advise on your plea—crucial for protecting your rights and achieving the best outcome.
You may request to reschedule your arraignment if you have a valid reason, such as needing time to hire an attorney. Nonetheless, these requests are not guaranteed and must be filed in advance for court approval.
A magistration takes place once the accused has been arrested and goes before a Judge to set bond and bond conditions. The judge has the ability to approve a personal bond depending on the nature of the case, criminal history and statutory eligibility. At magistration, the judge reviews the probable cause affidavit — the sworn statement justifying your arrest — before setting bond.
During the hearing, the court formally reads the charges filed against you. This step verifies that you fully understand the allegations and their potential consequences.
A plea is not generally required at magistration, rather it is an opportunity for the accused to be first informed of the charges he/she has pending and the conditions of bond that would be required upon release.
If you cannot afford a lawyer, the court may appoint one to represent you. This assures that all defendants have access to legal representation, regardless of financial status.
The judge evaluates the charges and determines the amount of bail. Bail allows you to secure release from custody while awaiting trial.
You may remain in custody if bail is set at an amount beyond your means. However, an attorney can negotiate bail reductions or explore alternatives.
In some cases, you may be released on your own recognizance (personal bond). This option allows you to avoid posting bail but requires you to comply with court dates and conditions.
Finally, the court schedules the next steps in your case, such as pretrial hearings or the trial date. Staying informed of these dates is fundamental to avoiding additional penalties.
“When you hire this firm, you get a named attorney from intake through resolution. The lawyer who explains your case at signing is the lawyer who appears at every setting. We do not hand cases off to whoever is at docket call.”
David D. White
Austin Criminal Defense Lawyer
If you’re asking, can you go to jail at an arraignment? it’s vital to have a legal advocate on your side. The Law Office of David D. White, PLLC, provides experienced legal representation tailored to Austin’s legal landscape. Contact us at (512)-369-3737 for help navigating your arraignment and ensuring your rights are protected.
Whether you walk out often comes down to the bond set at magistration. For an overview of the options, see how bail and bonds work in Texas.
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David D. White founded the Law Office of David D. White, PLLC and has practiced criminal defense exclusively since 2004. The firm represents clients across Travis, Williamson, Hays, Caldwell, Lee, Coryell, Bell, Burnet, Milam, and Bastrop counties. Three attorneys handle each case as a team — weekly case reviews and shared Clio notes — and by the first consultation, the firm has obtained the Probable Cause Affidavit, read it, and identified the state’s evidentiary weak points.
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This page was written and reviewed by the attorneys at the Law Office of David D. White, PLLC, following our editorial guidelines. The firm has practiced criminal defense exclusively since 2004 across Travis, Williamson, Hays, Caldwell, Lee, Coryell, Bell, Burnet, Milam, and Bastrop County courts. The firm’s three attorneys — David White (managing attorney, practicing criminal defense exclusively since 2004), Kenneth Hines (associate, practicing Caldwell County courts since 2008; former General Counsel to the Texas Senate Jurisprudence Committee, 2010–2012), and Taylor Kacir (associate; former Senior Misdemeanor County Attorney, Bell County Attorney’s Office) — work each case as a team via weekly case reviews and shared Clio notes.
608 West 12th Street, Suite B Austin, TX 78701
706 Rock St, Georgetown, TX 78626
512-369-3737
get directions