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Secretos del sistema de justicia penal de Texas y sus derechos
Arraignment in Lubbock Criminal Cases
In all felony prosecutions and all Class A and B misdemeanor prosecutions, a court appearance called an arraignment hearing is held. The arraignment occurs after the defendant has been served with an indictment or information. A Lubbock arraignment hearing can be waived if the defense attorney thinks it is unnecessary. Continue reading about what to expect with Lubbock Arraignment Hearings.
What to Expect
At the arraignment, the court makes sure that the defendant has received the charging document. If the defendant is not represented by a lawyer the court will inquire about the defendant’s plan to obtain representation. The court might delay the arraignment, if necessary, to give the defendant more time to arrange for legal representation.
The primary purpose of the arraignment is for the defendant to enter a plea. In most cases, the defendant will enter a plea of “not guilty.” Therefore, even if the defendant believes that he or she is guilty, it makes sense to plead “not guilty” so that the defendant’s lawyer had time to learn more about the facts of the case and decide how best to proceed.
Entering a “not guilty” plea merely preserves all rights of the accused, including the right to a trial. Furthermore, the defendant’s attorney has had a chance to negotiate with the prosecutor to obtain a reasonable outcome. If the arraignment is waived, a plea of not guilty is entered automatically.
Pre-Trial Motions
After the arraignment, your lawyer may file several motions with the court. A motion is a request for the court to enter an order. Some motions address the evidence that can be used against you at trial. For example, if the police violated your rights when you were detained, searched, or questioned, a motion to suppress evidence might be filed asking the court to “throw out” any evidence that was obtained illegally.
For instance, a suppression motion might be filed if the police found drugs in your car after stopping your car for no reason. Similarly if the police searched your home without a warrant and without consent.
A variety of other motions might be filed before the trial. Some motions might seek the dismissal of certain charges. Other motions might ask the court to separate your trial from the trial of other defendants. Similarly, some motions might relate to the discovery of the evidence that will be used against you.
Motions are often an important part of the defense strategy in a drug prosecution. Even if you do not prevail when you bring motions, adverse decisions can provide you with fruitful grounds to raise an appeal. In conclusion, every case is different, some cases can be won by filing appropriate motions.