Arraignment (Initial Appearance in Federal Court)

Oldham County Criminal Defense Attorney

Have a reputable trial attorney at your arraignment and if currently you are housed there is good shot you can be less restricted pending the Bond Reduction Motion.  Arraignment sets up the different players and gives a roadmap on how the case will proceed.  It is the beginning of a long set of hearings and other proceedings ultimately leading up to trial.  Arraignment seems almost seems pro forma, but it is anything but that.   From the earliest times in historical courts until today, people are always confused about their charging documents.  
A hard concept to explain is that this other jury, the Grandy Jury, is out there doing something.  And what makes them so Grand?  
The watered down protection of rights afforded by the presentation of a case to the Grand Jury hardly makes it Grand.  
Everyone knows the sayings regarding the Grand Jury and their loose following of the rules.  Comically, to state a prosecutor could indict a ham sandwich points to the lack of due process, lack of any help tDefendant
Add to the lax rules and presentation of whatever they want, does not surprise anyone that not everyone is indicted by the GJ.  The fact that the Grand Jury, by default, is a unilateral proceeding and the Defense is seldom invited. 
Modern day times do have some things that make the Grand Jury useful for the defense, mainly the  presentation of evidence by way of sworn testimony.  Sometimes the officers or other witnesses testifying are met with question  from the grand jury.   These can send witnesses off the path and give insight if they were being protective of the answers or even deceptive..    Their testimony could be substantially different leading to weaknesses in the case or where the government is hoping to cure their case.  
One useful rule in regards to the Grand Jury is a 60 day rule  From the day a case is waived to the Grand Jury from District court the Commonwealth has 60 days to indict you or you are released on your own recognizance. 

Criminal Defense Attorney
Oldham County Arraignment t-minustrial!

Arraignment

Informed of the offense charged in the complaint, information, indictment, or other charging document, and asked to enter a plea of guilty, not guilty, or as otherwise permitted by law. Depending on the jurisdiction, arraignment may also be the proceeding at which the court determines whether to set bail for the defendant or release the defendant on his or her own recognizance.  

Arraignment must occur within a reasonable time after arrest. An unreasonable delay violates the defendant’s federal constitutional Sixth Amendment right to a speedy trial. If a criminal complaint, information or indictment is issued and the prosecutor’s office or the court does not schedule the case for arraignment until months or years later, the defendant’s attorney can ask that the case be dismissed because of the delay. The judge must review the circumstances of the delay and determine whether the delay was unreasonable.

Procedure
1. Informing the Defendant of Charges
2. Pleading at the arraignment - Defendants normally enter a plea of not guilty through their attorneys. Arraignment in Circuit Court in Kentucky means that the case was presented to the Grand Jury or was taken through "Rocket Docket." Rocket Docket is just a term used to mean that the Defendant had stipulated to a charge and therefore waived his right to have their case presented to the Grand Jury. 
3. Right to a Lawyer at the Arraignment. Arraignment is considered a critical part of your due process and you have a right to a lawyer at this stage. The lawyer will be able to help explain the charges and the consequences of any pleas that the defendant may enter. The defendant can also waive his right to a lawyer if he chooses to do so.
If the defendant can't afford a lawyer, the court will appoint one for him if requested. However, if the charged crime is petty and can't lead to prison, the defendant doesn't have the right to an appointed lawyer.
As a practical note you really want an attorney at this stage. I've seen people go up without an attorney and when asked if they wish to plead guilty responded, "I guess I shoud since I did it." As simple as "not guilty" is, you should have an attorney.  
 
Presence of Defendant at the Arraignment
The defendant is generally required to be present at an arraignment. However, a court may allow a defendant to waive his right to be present under certain circumstances. Any waiver of presence is permitted only with the consent of the court.


The Amendments impacted here would be the 5th, 6th and 8th Amendments.  
You don't want to walk up and plead guilty because you don't know the law. Your mental state at teh time of the events is critical. 
Some people walk into their 5th Amendment trap as noted above. "Well, I did it, so why not."  

Your 6th Amendment - Arraignment must occur within a reasonable time after arrest. An unreasonable delay violates the defendant’s federal constitutional Sixth Amendment right to a speedy trial. 

Your 8th Amendment - “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” What does it mean for a punishment to be “cruel and unusual”? 

There are solid reasons why the law exists in its current state and why it is proper. When people created the British Colony in America and decided to have a revolution they were tired of the Old Country. Especitally, the criminal justice system. There was no 5th Amendment Right and so if they got you to say "you did it," then you "did it." No Double Jeopardy so if you were found "not guilty" at a jury trial, they may decide to try the case again!

KRS 431.005 Arrest by peace officers – By private persons 
(1) A peace officer may make an arrest: 
(a) In obedience to a warrant; or 
(b) Without a warrant when a felony is committed in his or her presence; or 
(c) Without a warrant when he or she has probable cause to believe that the person being arrested has committed a felony; or 
(d) Without a warrant when a misdemeanor, as defined in KRS 431.060, has been committed in his or her presence; or 
(e) Without a warrant when a violation of KRS 189.290, 189.393, 189.520, 189.580, 511.080, or 525.070 has been committed in his or her presence, except that a violation of KRS 189A.010 or KRS 281A.210 need not be committed in his or her presence in order to make an arrest without a warrant if the officer has probable cause to believe that the person being arrested has violated KRS 189A.010 or KRS 281A.210; or 
(f) Without a warrant when a violation of KRS 508.030 has occurred in the emergency room of a hospital without the officer’s presence if the officer has probable cause to believe that the person being arrested has violated KRS 508.030. For the purposes of this paragraph, “emergency room” means that portion of a licensed hospital which as the primary purpose of providing emergency medical care, twenty-four (24) hours per day, seven (7) days per week, and three hundred sixty-five (365) days per year. 
(2) (a) Any peace officer may arrest a person without warrant when the peace officer has probable cause to believe that the person has intentionally or wantonly caused physical injury to a family member or member of an unmarried couple. 
(b) For the purposes of this subsection, the term "family member" has the same meaning as set out in KRS 403.720(2). 
(c) For the purpose of this subsection, the term "member of an unmarried couple" has the same meaning as set out in KRS 403.720(4). 
EDITOR’S NOTE: The Kentucky Court of Appeals ruled that “member of an unmarried couple” includes homosexual couples, but not roommates unless engaged in an intimate (i.e., sexual) relationship. Ireland v. Davis, 957 S.W.2d 310 (Ky Ct. App. 1997). 
(3) A peace officer may arrest a person without warrant when the peace officer has probable cause to believe that the person is a sexual offender who has failed to comply with the Kentucky Sex Offender Registry requirements based upon information received from the Law Information Network of Kentucky. 
(4) For purposes of subsections (2) and (3) of this section, a "peace officer" is an officer certified pursuant to KRS 15.380. 
(5) If a law enforcement officer has probable cause to believe that a person has violated a condition of release imposed in accordance with KRS 431.064 and verifies that the alleged violator has notice of the conditions, the officer shall, without a warrant, arrest the alleged violator whether the violation was committed in or outside the presence of the officer. 
(6) A private person may make an arrest when a felony has been committed in fact and he has probable cause to believe that the person being arrested has committed it. 
(7) If a law enforcement officer has probable cause to believe that a person has violated a restraining order issued under KRS 508.155, then the officer shall, without a warrant, arrest the alleged violator whether the violation was committed in or outside the presence of the officer.

KRS 431.015 Citation for misdemeanor – Arrest for certain misdemeanors - Failure to appear 
(1) (a) KRS 431.005 to the contrary notwithstanding, and except as provided in paragraphs (b), (c), and (d) of this subsection, a peace officer shall issue a citation instead of making an arrest for a misdemeanor committed in his or her presence, if there are reasonable grounds to believe that the person being cited will appear to answer the charge. The citation shall provide that the defendant shall appear within a designated time. 
(b) A peace officer may make an arrest instead of issuing a citation for a misdemeanor committed in his or her presence if the misdemeanor is: 
1. A violation of KRS Chapter 508, 510, or 527, or KRS 189A.010; 
2. An offense in which the defendant poses a risk of danger to himself, herself, or another person; or 
3. An offense in which the defendant refuses to follow the peace officer’s reasonable instructions. 
(c) A peace officer shall make an arrest for violations of protective orders issued pursuant to KRS 403.715 to 403.785. 
(d) A peace officer may make an arrest or may issue a citation for a violation of KRS 508.030 which occurs in the emergency room of a hospital pursuant to KRS 431.005(1)(f). 
(2) A peace officer may issue a citation instead of making an arrest for a violation committed in his or her presence but may not make a physical arrest unless there are reasonable grounds to believe that the defendant, if a citation is issued, will not appear at the designated time or unless the offense charged is a violation of KRS 189.223, 189.290, 189.393, 189.520, 189.580, 235.240, 281.600, 511.080, or 525.070 committed in his or her presence or a violation of KRS 189A.010, not committed in his or her presence, for which an arrest without a warrant is permitted under KRS 431.005(1)(e). 
(3) If the defendant fails to appear in response to the citation, or if there are reasonable grounds to believe that he or she will not appear, a complaint may be made before a judge and a warrant shall issue. 
(4) When a physical arrest is made and a citation is issued in relation to the same offense the officer shall mark on the citation, in the place specified for court appearance date, the word “ARRESTED” in lieu of the date of court appearance.
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