| Attorney serving Bentonville, Bella Vista, Rogers, Springdale, Fayetteville, Eureka Springs, Berryville, & surrounding areas in Northwest Arkansas. |
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on this website is
intended to begin the
attorney-client
relationship. Neither The
Bryant Firm nor any
attorney operating under
the auspices of The
Bryant Firm is your
attorney or legal
representation until an
engagement agreement
has been signed by both
you and an attorney at
The Bryant Firm. Nothing
on this site is intended to
be used as legal advice.
Prospective clients
should only rely on legal
advice as said or written
in a letter by a licensed
attorney. Nothing on this
site qualifies as legal
advice.
on this website is
intended to begin the
attorney-client
relationship. Neither The
Bryant Firm nor any
attorney operating under
the auspices of The
Bryant Firm is your
attorney or legal
representation until an
engagement agreement
has been signed by both
you and an attorney at
The Bryant Firm. Nothing
on this site is intended to
be used as legal advice.
Prospective clients
should only rely on legal
advice as said or written
in a letter by a licensed
attorney. Nothing on this
site qualifies as legal
advice.
Arraignment
| PRACTICE AREAS |
The arraignment is usually the first actual court appearance. It is the hearing in which the
State of Arkansas formally presses charges against a criminal defendant. The process
varies a little between misdemeanor and felony offenses.
Felony cases officially start when the prosecuting attorney files a document with the court
called a felony information. This information will be read by the prosecutor in open court at
the arraignment unless waived by the defendant. The defendant then enters a not guilty plea
in almost every case because very few people have actually seen any evidence at that time.
The Court will then set the matter for an omnibus hearing or pre-trial status hearing a few
weeks later. The Court can also address issues such as bond, mental competency, and
other pre-trial matters.
Misdemeanor cases officially start when a ticket or citation has been issued and entered by
the Court. Most of the time, an arraignment is not necessary in a misdemeanor case when
the defendant has an attorney. The attorney, when entering his or her appearance, can enter
a not guilty plea and ask the Court to set the matter for a plea and discovery hearing. If a
defendant does not have an attorney, they must go to the arraignment. Misdemeanor
arraignments tend to be much less formal. Often times, the prosecutor will speak with the
defendant to see if an agreement can be worked out. If not, the court will set the matter for
trial, and perhaps a hearing before hand to make sure the case is on track.
It is vital to have an attorney before arraignment. Sometimes, charges have not been filed
and an attorney can engage in a little pre-trial advocacy to ensure that charges are not filed.
If charges have been filed, the case is active and an attorney is an absolute requirement. No
one should attempt to go through the criminal judicial process without a trained and
experienced attorney.
State of Arkansas formally presses charges against a criminal defendant. The process
varies a little between misdemeanor and felony offenses.
Felony cases officially start when the prosecuting attorney files a document with the court
called a felony information. This information will be read by the prosecutor in open court at
the arraignment unless waived by the defendant. The defendant then enters a not guilty plea
in almost every case because very few people have actually seen any evidence at that time.
The Court will then set the matter for an omnibus hearing or pre-trial status hearing a few
weeks later. The Court can also address issues such as bond, mental competency, and
other pre-trial matters.
Misdemeanor cases officially start when a ticket or citation has been issued and entered by
the Court. Most of the time, an arraignment is not necessary in a misdemeanor case when
the defendant has an attorney. The attorney, when entering his or her appearance, can enter
a not guilty plea and ask the Court to set the matter for a plea and discovery hearing. If a
defendant does not have an attorney, they must go to the arraignment. Misdemeanor
arraignments tend to be much less formal. Often times, the prosecutor will speak with the
defendant to see if an agreement can be worked out. If not, the court will set the matter for
trial, and perhaps a hearing before hand to make sure the case is on track.
It is vital to have an attorney before arraignment. Sometimes, charges have not been filed
and an attorney can engage in a little pre-trial advocacy to ensure that charges are not filed.
If charges have been filed, the case is active and an attorney is an absolute requirement. No
one should attempt to go through the criminal judicial process without a trained and
experienced attorney.
| The Bryant Firm, P.A. | 9 Halsted Circle | Rogers, AR 72756 Ph: (479)633-8994 | Fax: (479)633-8997 All rights reserved. (c) The Bryant Firm, 2011. |
| Joshua S. Bryant Attorney at Law THE BRYANT FIRM, P.A. 9 Halsted Circle Rogers, AR 72756 (479)633-8994 Fax: (479)633-8997 |