Did you know?
- Arraignments typically occur within 48 hours of arrest.
- The defendant is formally informed of their charges at this hearing.
- Postponing an arraignment requires valid legal reasons.
- Judges have significant discretion in granting or denying a delay.
- Missing an arraignment without approval can lead to a warrant.
5 Key Takeaways from the Article:
- Arraignments can be postponed for legitimate reasons.
- Legal representation plays a key role in securing a delay.
- Judges must balance justice and efficiency in these decisions.
- There are strict legal standards governing postponements.
- Skipping an arraignment without a valid reason has serious consequences.
Table of Contents
Introduction: Can Arraignment Be Postponed?
If your case is in the court system and there is a date set for you to be in court, the most likely question that will come into your head is, “Can arraignment be postponed?” The answer is yes but there are situations when this is possible. Postponing an arraignment cannot simply be accomplished by telling a judge that you changed your mind. There are rules that are specific and also a procedure that has to be followed. In this article, you will have an extensive insight on the reasons that explain why and how an arraignment is postponed. More importantly, when a postponement is considered, how the grounds of the request should be formulated.
Reasons Arraignment Can Be Postponed
Medical Emergencies
A postponement of an arraignment due to a medical emergency is perhaps the most popular instance. What some courts consider unexpected health issues of you or your lawyer may result in rescheduling. In almost every case, though, proof of the emergency such as a doctor’s note or admission to a hospital is necessary.
Legal Counsel Unavailability
There are instances where an attorney cannot appear to court on the scheduled day. Be it scheduling conflicts, or other reasons, this might be relevant to a court. The rule here though is- Such applications will have to be made by your counsel and for good cause shown.
Procedural Delays
Even courts are not immune to procedural delays, for instance in the event that the paperwork is incomplete or the necessary documents are absent, the judge may sometimes opt to move the date forward. They are however the more common explanations for rescheduling, particularly in busy jurisdictions.
Mechanism of how the Postponement works
Filing a Motion
The first step towards seeking for the postponement of your arraignment is through the formal motion which is directed to the court. It is your lawyer that will write and send this document which seeks to justify the reason why the postponement is necessary. It is necessary for this paperwork to be adequately compelling and precise.
Judge’s Discretion
In as much as you may have a reasonable excuse, bear in mind that it is the judge who has the final word. He or she will make a determination on whether the interest of justice would be best served by postponement or if there would be any delays that are uncalled for. Other variables that matters a great deal to the judges are the nature of the charges at hand and the likelihood of any bias the defendant might suffer.
Legal Consequences
In the event that you succeed in requesting to be granted a postponement, the court will issue to you a new date for a hearing. What if it is denied? This means that you are mandated to appear on the date that was originally set. The failure of a court approved arraignment without explanation can attract severe sanctions including warrants for arrest.
What Are the Effects of Not Showing Up for an Arraignment?
Implications of Absence
The court takes no notice argument strongly especially if not communicated to the court that they might be absent. Not appearing for an arraignment can escalate to contempt and/or fines penalties.
Issuance of Warrant
In many situations, a bench warrant is automatically authorized whenever a court appears and is a no-show in most situations. This means law enforcement can be issued the authority to apprehend you at any level. A warrant can hinder several processes; however it can be even worse because it might destroy your reputation.
Legal Responses
There are ways of addressing an arraignment that was supposed to be attended but missed. If there is a warrant issued, a quash motion can be filed by the lawyer for the plaintiff as well. For those who want to avoid serious damages, the recommendation is to look for help immediately.
Conclusion: The Arraignment – What Am I Required to Do?
For case procedural purposes, knowing if the arraignment can be rescheduled is one of the things everyone should know. True, a delay is possible, but there must be a good, well-documented reason for that. Although the decision would be made by a court of law, it makes clear that a person needs help from a professional attorney.
It is fair to say that fighting a case in court can be quite challenging but when everything is in place, it is quite easy. The only advice that one can give is to keep talking to the lawyer and keep the facts clear. Not only does this help in averting some complications, but it also helps in preparing a strong defense.
Questions and Answers (FAQs)
Can An Arraignment Be Rescheduled?
That is possible. Courts have to extend the timeframe on reasonable grounds. There is some proof necessary.
What are the valid reasons for rescheduling the meeting?
One of the reasons is a medical emergency. There is also a problem with Lawyer scheduling. There may be procedural factors also.
What if I do not make it?
An arrest warrant may be issued. There will probably be an imposition of fines. More importantly, the matter has to be taken to court.
How do you apply for a rescheduling of the meeting?
You can make a request by filing a motion. It is wise to seek legal opinions. Time is of the essence here.
Can the judge’s order be changed?
It cannot be. The judges will examine every factor. The chances of appeals are slim.