What is an Arraignment in Texas?

Under the Sixth Amendment to the U.S. Constitution, every individual who is accused of committing a crime has a right to hear the charges that the government is bringing against them. In Texas, accused individuals have an opportunity to hear this list of charges at an arraignment hearing – the first legal proceeding that takes place in the criminal court process. 

In Texas, you will attend an arraignment proceeding if you are facing a misdemeanor criminal charge, such as a minor drug possession offense or a first-time drunk driving offense. You will also attend an arraignment hearing if you are pending a felony criminal charge, such as aggravated assault or murder. 

If you are currently pending one or more criminal charges, you must have an experienced criminal defense lawyer representing you at every stage of the proceedings – including your arraignment. The skilled team at The Law Office of David D. White, PLLC, could represent you at your arraignment hearing before a judge and work to protect your legal and constitutional rights. 

We can then continue representing you throughout your criminal case and help you pursue the best possible result, such as a complete case dismissal or a favorable plea deal from the state prosecutor who is handling your legal matter. Contact a trusted Austin Criminal Defense Lawyer immediately for assistance.

What Happens During an Arraignment Hearing in Texas?

During an arraignment hearing in Texas, the presiding judge will read the pending charges aloud to the accused individual. The judge will also ask the accused person if they want the court to appoint a lawyer for them. In the event the accused meets the necessary qualifications for a court-appointed attorney, the judge will appoint a lawyer for representation. At that point, the judge will ask the accused to enter a plea to the criminal charge(s) that they are currently facing. 

In most situations, an arraignment hearing takes place within 72 hours of an individual’s arrest. However, in criminal cases where a court allows the accused individual to post bail, the arraignment proceeding may not take place until several weeks following the accused’s arrest. 

At The Law Office of David D. White, PLLC, we could represent you at your arraignment hearing and help you decide the type of plea you should enter to your charge(s) based upon the facts and circumstances of your case. 

What Pleas May an Accused Individual Enter at an Arraignment Hearing?

At an arraignment hearing that occurs in Texas, the presiding judge will ask the accused individual to enter one of several pleas. The type of plea that the accused enters will depend upon the case circumstances. 

Guilty Pleas

First, the accused individual might enter a guilty plea. When a person pleads guilty, it means that they admit they committed the criminal offense(s) with which the state has charged them. Also, when a person enters a guilty plea, they give up certain legal and constitutional rights, including their Sixth Amendment right to a trial by jury. They also give up their right to any appeal in the case. 

Before a criminal court judge agrees to accept the accused person’s guilty plea, they will make sure that the accused is fully aware of the legal and constitutional rights that they are waiving. The judge will also make sure that the accused is entering the plea freely, willingly, and voluntarily – meaning that no one has coerced them into making the plea. 

When the accused individual pleads guilty to a pending criminal charge(s), then the case will move directly to sentencing, at which time a judge could impose various penalties. The size and scope of those penalties will depend upon the minimums and maximums imposed by the Texas Penal Code.  

Mute Pleas

At a Texas arraignment hearing, the accused individual also has the option of remaining silent and not entering a plea. In this scenario, the defense attorney notifies the presiding judge of the mute plea. At that time, the judge will enter the plea as a “not guilty” plea. By entering a mute plea, the accused individual effectively pleads not guilty to the underlying offense, while at the same time, they do not automatically admit/accept that the criminal process moved forward correctly up until that point in time. 

Not Guilty Pleas

Depending upon the circumstances, the accused individual might decide to plead not guilty to the pending criminal charge(s). When a person pleads not guilty, they are unequivocally stating that they did not commit the criminal offense(s) with which they have been charged by the state. Once the accused individual enters a not-guilty plea, then the court will set a date for trial. At that point, our legal team could begin speaking with potential witnesses and gather evidence to introduce on your behalf at trial. By entering a plea of not guilty, you allow yourself (and your lawyer) ample opportunity to collect evidence and prepare your criminal case for future proceedings.

Pleas of No Contest

Finally, an accused individual might be able to enter a plea of no contest at their criminal arraignment hearing. When the accused enters one of these pleas, they essentially state that they are not disputing the pending charges that the state has lodged against them. However, they are also not admitting that they committed the criminal offense(s) for which they are accused. Depending upon the circumstances, an individual might be better off entering a no-contest plea if a related civil case may follow their criminal legal proceedings. 

What Happens After You Enter a Plea in Your Criminal Case?

Once you enter a plea in your criminal case, a judge will establish various (tentative) dates and deadlines, including status conferences with the court, hearings, and a trial date. Additionally, you might be able to request bail. 

The purpose of bail is to secure the accused individual’s release from custody until their criminal court trial. Unless the court releases the accused individual on their recognizance, they will likely need to post a specified monetary amount in order for the court to release them. If they do not post bail money or property (as collateral) personally, either they or a family member may be able to retain a bail bondsman to post the monetary bail for them upon paying the bondsman’s fee. If the accused person fails to show up for their court proceeding, then they lose the bail funds which they paid. 

Contact a Knowledgeable Austin Criminal Defense Lawyer Today

If you are currently facing criminal charges in Texas, it is crucial to have a skilled Texas Criminal Defense Attorney aggressively advocating for you at every stage of the legal proceedings. At The Law Office of David D. White, PLLC, our legal team could represent you at your arraignment hearing, offer you sound legal advice, answer your questions, and help you pursue the best possible result in your criminal case. 

For a free case evaluation and legal consultation with a skilled Austin Criminal Defense Lawyer, please call us at 512-886-8428 or contact us online today for more information.

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