What Do We Understand by Arraignment and Bail Hearing?
An arraignment refers to a format hearing or reading of a charging document related to a criminal. It gets done in the first court proceeding of a criminal case and the defendant’s presence. It happens primarily to inform the offender of the charges placed against them. The accused can enter and take forward a plea in response to that.
An arraignment can happen for different and distinct kinds of offenses. It can consist of a white-collar criminal case, drug crimes, or DUI. In addition, an arraignment can get initiated for felonies and misdemeanors.
On the other hand, bail serves as the incentive that ensures that the accused shows up in court to participate in their case. It comes in handy because some defendants may not show up during their hearings. It may be because the offenders remain innocent until they get proven guilty. Thus, bail serves as a conditional release that allows the accused to get relief from being held back by the court in exchange for a specific amount of money.
A bail hearing generally gets done when the judge first appears or during the arraignment hearing. The payment amount may get adjusted or altered depending on how the case progresses and the circumstances. Suppose the defendant fails to come to their court case. In that case, the money can get retained or taken by the court. Some bails can get issued before or after the arrest. For instance, an anticipatory bail from Supreme Court works for the former.
Is It Necessary to Hire a Criminal Lawyer for an Arraignment or Bail Hearing?
A top criminal lawyers in delhi can help significantly during arraignment or a bail hearing. It can be especially for those who do not know much about the proceedings. It makes them a valuable asset in these cases. A few ways how they can help include the following:
- Early Bail
Generally, all criminal lawyers have connections in the law sector. They can use these relations as and when necessary to help bail out a defendant before the case starts its proceedings in court. It proves beneficial because the accused that stay in jail through charges of criminal acts do not face a decent outcome.
For that reason, almost all criminal lawyers in Delhi, India, strive hard to build and develop connections that they can use later to help their clients.
- Guidance
In most cases, a defendant may not know the best ways to go about a proceeding when presented in court. That is why they may make irreversible and detrimental mistakes. Some of them can even lead them to become the guilty party even if they are not in actuality.
Suppose the accused receives the court summons for bail in Pocso Act case several months after the incident. It can result in them forgetting several essential points and factors owing to their fading memory. A guidance session with the criminal lawyer can help jog up the remembrance of the past activities and experiences. It helps prevent the defendant from getting confused in court and stating incorrect facts.
For that reason, all criminal lawyers, Supreme Court of India approved, can legally have a guidance session with their clients without any backlash.
- Court Presence
Sometimes, it can become arduous for a defendant to present themselves before the court on short notice or due to some other reason. In such cases, the criminal lawyer has the right to abandon the arraignment or bail hearing by giving appropriate excuses for the client’s absence. Otherwise, the criminal lawyer can substitute the defendant until the latter arrives.
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