Do I Need An Attorney for An Arraignment?

Written By: Matthew W. Peterson

Published: 05/14/2018

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The Importance of Legal Representation at Your Arraignment

An arraignment is a critical step in the criminal justice process, and having a skilled attorney by your side is essential. Here are the answers to everyone’s question, do I need an attorney for an arraignment? At the Law Office of Matthew Peterson, we understand that this initial hearing, where you typically enter a plea and set the stage for future court dates, requires more than just a simple appearance.

Why Do I Need An Attorney for An Arraignment?

1. Protection of Rights

A knowledgeable criminal defense attorney in Boston MA ensures that your rights are upheld during the arraignment. The prosecution may request your detention, and without legal representation, you may struggle to secure your release.

2. Strategic Defense

Arraignments can involve complex legal defenses that must be asserted or preserved, such as claims of double jeopardy or mental health considerations. Waiving these defenses without proper counsel could jeopardize your case permanently.

3. Pre-Trial Preparation

Between the arraignment and subsequent hearings, an attorney is vital for investigating your case and developing a robust defense strategy. This preparation helps you understand potential plea offers and your chances at trial.

4. Timely Action

Engaging an attorney promptly after your arrest is crucial. The District Attorney begins building their case immediately, so having a defense attorney who can act swiftly to gather evidence—like surveillance footage or cell phone records—can make a significant difference in your defense.

5. Comprehensive Support

An arraignment could come after an unsuccessful clerk magistrate’s hearing, so if you are facing a clerk’s hearing, you should hire an attorney.

Get Started with the Law Office of Matthew Peterson

At the Law Office of Matthew Peterson, we are dedicated to providing personalized legal support tailored to your unique situation. Our commitment goes beyond just legal representation; we strive to offer peace of mind during what can be an overwhelming time.

If you find yourself in need of a Boston criminal defense attorney who will advocate fiercely on your behalf, contact us today at (617) 295-7500. Our main office is located in Boston, but we proudly serve clients throughout all Massachusetts courts. Let us help you build a strong defense from the very beginning.

Frequently Ask Questions

1. What is an arraignment?

An arraignment is the first court appearance for a defendant following an arrest. During this brief hearing, the judge informs the defendant of the charges against them, discusses their rights, and allows them to enter a plea (typically not guilty at this stage). The arraignment also addresses bail conditions if applicable.

2. Do I need an attorney for my arraignment?

Yes, having an attorney during your arraignment is crucial. A skilled criminal defense attorney can help protect your rights, navigate the legal process, and ensure that any potential defenses are properly asserted. They can also advocate for reasonable bail terms and prepare you for subsequent court dates.

3. What happens if I cannot afford an attorney?

If you cannot afford an attorney, you have the right to request a public defender at your arraignment. The court will assess your financial situation to determine if you qualify for appointed counsel. It’s important to communicate your financial need to ensure you receive legal representation.

4. What should I expect during the arraignment process?

During the arraignment, you will be formally notified of the charges against you, given a chance to enter a plea, and informed about your rights. The judge will also discuss bail options, which may include being released on your own recognizance or setting a monetary bail amount.

5. What happens after the arraignment?

Following the arraignment, your case will proceed to subsequent hearings or trial preparations. If you entered a not-guilty plea, your attorney will begin building your defense and may negotiate with prosecutors for plea deals or prepare for trial based on the evidence presented against you.