Jersey Criminal Attorneys
Arraignment: What In The World Is It?

Arraignment – The Basics

An arraignment is nothing to be afraid of. You should view your arraignment as an opportunity that you can take advantage of. But we’ll discuss that later on.

Your arraignment is the day that the government declares the crime or crimes they accuse you of committing. It is a run-of-the-mill court proceeding, and it is uneventful. Once the judge reads your criminal charges out loud, the judge will ask you if plead guilty or not guilty. In every arraignment, your defense attorney will enter a “not guilty” plea on your behalf.

Arraignment – When does it happen?

If you are charged with a misdemeanor, your arraignment will take place during your first court appearance. However, if you are charged with an indictable offense (felony) in New Jersey, your arraignment will take place shortly after you get indicted.

Arraignment – Is It Necessary?

An arraignment is very necessary because it serves a few important purposes. 

First, you will have an opportunity to tell the judge whether you can afford a private attorney. Since you have a Constitutional right to an attorney, the judge will inform you of your right to apply for the services of a public defender. Next, the judge will teach you about your right to a trial. Remember, you are presumed innocent until proven guilty by a reasonable doubt. Just because you are being accused of committing a crime doesn’t mean that you committed a crime. Everyone in the United States has a Constitutional Right to their day in court. Last, if you do not qualify for a public defender and wish to hire a private attorney, the judge will give you a reasonable time to find an attorney. 

You should view your arraignment as something good. It is a Constitutional safeguard designed to protect you. No one is determining your guilt or innocence during your arraignment. It’s intended to teach you about the charges you are facing and advise you of your Constitutional rights.

Breaking Down The Arraignment Into Small Parts

During your arraignment, you will be in a courtroom with a lot of other defendants. Everyone is in the same situation as you. It’s the first day of a long process and it’s ok to be nervous. You will most likely have an attorney on the day of your arraignment. If you don’t, that’s ok. As explained before, the judge will give you time to find & hire a criminal defense attorney

Once your name is called, you will proceed with your attorney to the front of the courtroom. You will stand next to your attorney on one side of the and the prosecutor will be on the other side. The judge will ask for your attorney’s appearance to be placed on the record & the prosecutor must do the same.

Next, the judge will read the criminal charges against you out loud. Sometimes the judge will ask your attorney if he/she wishes to “waive the reading” of the charges. Since your attorney has discussed the charges you are facing prior to your arraignment, he/she will most likely agree to “waive the reading” of the charges. 

Next, the judge will ask, “how do you plead to these charges?”.
You will have the following choices:

Plead Guilty

You will have to admit what you did under oath. This option will leave you with a criminal conviction. It will stay on your record for years before it can be expunged. And it will show up a background check.

Plead Not Guilty

This means that judge will set a scheduling order for your next court appearance. During this time, the prosecutor must provide your defense attorney with all of the evidence against you. Your defense attorney will review the evidence with you and discuss the strengths and weaknesses of your case.

Waiving The Arraignment

If you hired a defense attorney soon after your arrest, then he/she will have researched the criminal charges against you. Your defense attorney does not have to wait for the day of your arraignment to discuss your case with the prosecutor. For this reason, it is very important to hire a criminal lawyer soon after your arrest. 

Your attorney can quickly start the plea bargaining process days & weeks ahead of your arraignment. This is advantageous for you because many criminal cases can get dismissed or settled before your first court appearance. By hiring a criminal lawyer immediately after your arrest, he/she has the advantage of visiting the “scene of the crime” to secure favorable evidence for you.

Defendants often make the mistake of waiting too long before hiring a lawyer. The problem is that the longer you wait, the greater the likelihood of losing evidence. For example, if you were charged with aggravated assault during a bar fight, it is important for your lawyer to get the bar surveillance video before it is destroyed. One of our clients was in this situation and hired us the day after the police charged him with aggravated assault during a bar brawl. We quickly visited the bar, obtained the video, and learned from the video that our client was acting in self-defense. The prosecutor saw this video and agreed to dismiss his criminal charges. Had we visited the bar weeks or months after our client’s arrest, chances are great that the bar would’ve destroyed their security footage.

If you hire an attorney soon after your arrest, your attorney can ask the judge to waive your first appearance. However, for more serious crimes like murder & aggravated sexual assault, the judge will require your appearance.

Arraignment & Bail

If you are charged with a violent felony, you will be held in jail until your arraignment. Since you are facing serious criminal charges, you may be considered a “danger to society” and a “flight risk”. New Jersey bail laws have changed. 

Now, if you are jailed & facing serious criminal charges, you will undergo a Public Safety Assessment (PSA). This test takes into consideration two risk scales: 1) Failure to Appear for Future Court Dates & 2) Risk for New Criminal Activity

Some of the things that the PSA considers are:

  • Criminal history – Have you ever been convicted of a crime or do you have a clean record?
  • Current criminal charges – How serious are the charges you’re facing? Murder or Shoplifting?
  • The danger you pose to the community – if you are released, will you injure another person

Depending on your PSA score, the criminal charges you are facing, and your criminal history, the judge may deny your release from jail. You can appeal the judge’s decision but if you’re appeal is denied, then you will remain in jail until your criminal case is resolved through a plea deal or at trial.

Taking Advantage of an arraignment

Although you may wish to waive your arraignment, there are excellent reasons to appear for it. As the saying goes, “You never get a second chance to make a first impression.” When you appear for your arraignment, you are showing the judge you intend to defend the charges against you. You are innocent & the truth will prevail. It’s all about attitude!

You should always appear with a respectful & serious demeanor. Your arraignment is not the time to state your case or argue the law. Think of it as taking a stand. You stand there quietly alongside your attorney & you show the judge through your body language that you are not afraid. You simply show that you trust our justice system & are counting on it to vindicate you.

Arraignment & the Media

If you’re involved in a highly publicized case, you can expect members of the media to show up at your arraignment. If the media approaches you, you should always let your attorney do the talking. Many criminal defense lawyers will answer with a “no comment”. But you should avoid the temptation to state your case to the media. Your emotions are running high and you have less control over what you say.

However, just like it’s important to make your stand in the courtroom, it’s also important to show a strong resolve to fight for your innocence outside of the courtroom. You should walk with your head held high knowing that you will get your day in court. Avoid covering your head & face under your coat. This body language gives off the impression that you have something to hide. Instead, use body language that we would expect of an innocent person.

Arraignment & the Big Picture

In the big picture of things, your arraignment is an uneventful and painless court proceeding. There’s nothing to really be afraid of. Think of it in terms of a football analogy. Your arrest was the pregame warmup and the arraignment is the kickoff that starts the game. 

Remember to contact a criminal lawyer immediately after your arrest & go to your first court appearance with your held high. You will get your day in court & truth always prevails. Well, almost always…


Our Experience

You or a loved one have been arrested. Understandably, you are terrified & have a lot of questions. You’ve heard about plea bargains & probation, but the process is overwhelming. You want a local attorney near you to represent you.

Mr. Peyrouton is from Ridgewood & handles all types of criminal matters in New Jersey The New Jersey Law Journal recently published one of his articles on the subject of criminal law.

How We Can Help

Regardless of the criminal charges you are facing, we are here to defend & protect you. Whether you are facing a restraining order, drug charge, theft charge, or aggravated assault charge, we are here to help you. Even a DWI case can really complicate your life.

If we can’t get your charges dismissed, we can either get them downgraded or place you in a diversionary program. The point is, our criminal defense lawyers will fight tirelessly to get you the best result possible. Take advantage of our free consultation to see how we can help.

Our Practice Areas

Below, you will find a few of our practice areas.

Areas We Serve

Our Hackensack criminal lawyers represent clients in Bergen County & nearby counties & cities. 

Get Help With Your Case

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How Do Your Free Consultations Work?

There are plenty of excellent Hackensack criminal lawyers in our area. Most, if not all of them, offer free, 20-minute, consultations. However, our free consultations do not have a time limit. You will never feel rushed.

The best way for us to help you is to patiently listen to your side of the story. Your version of events will serve as the basis for your legal defense. It is during these initial meetings that your memory of the event is fresh in your mind. Why we would rush you during such an important aspect of your case.

We understand that your choice of attorney could mean the difference between your freedom and spending years behind bars. 

When you hire an attorney, you are entering a long-term relationship. For this reason, it is important that you feel comfortable with the team of Hackensack criminal lawyers that will represent you.

What our clients say about us

Peyrouton Law
5.0
Based on 105 reviews
Edie Nolan
Edie Nolan
21:52 18 Apr 20

The office of Peyrouton Law Helped my family so much, I can’t put it into words how much. The day we walked into the office we explained our situation to Alan and his associates and they took on our situation like we were family.

Edward Estupinan
Edward Estupinan
18:04 09 Mar 20

The Peyrouton Law firm is the place to go to if you need great representation. Extremely knowledgeable, honest and prompt. Alan and Kevin got our family through a very difficult and emotional matter quickly and with ease. The office was highly professional, responsive and compassionate. They kept us informed and advised us wisely throughout the entire process. I highly recommend this firm. Karen & Ed E.

traviscp longendyke
traviscp longendyke
15:41 04 Feb 20

Hey, this is Travis. Hope all is well with you guys. I just wanted to reach out and truly thank you guys for everything you did for me and my family and also believing in me at a point when I barely believed in myself. I am off the “conditional probation”, and everything is over with. We have our three little beautiful girls (which The youngest just turned one a few days ago), we both have amazing jobs where we are very blessed to be making what we are making for our family, and we are in the process and about to go into contract with buying our first home (a BEAUTIFUL 400,000 dollar home)…. Lizzy and myself just wanted to truly thank you guys for believing in me and doing everything you could so I can be in this amazing spot in life that my family is in. I owe a lot of this to you guys and I hope you know what you do does not go unappreciated and you guys are making a huge impact and you guys are a huge help on certain people’s lives. This above was a text message that I just sent to Alan and Kevin. For anyone who is looking for AMAZING people to represent you, that will literally do anything and everything they can for you to receive the best outcome, then these are the people you want, I PROMISE you that. They literally made miracles happen on my multiple cases. Alan from day one made me promise him that I would do everything I could to better my life. I did that and in return I received the most amazing lawyers who went above and beyond for me and my family. I couldn’t of created a better pair of lawyers to represent me. If anyone is looking for great results on your case please give Alan and Kevin a shot and I promise you (because I owe a lot of my success right now to these men) that you will not be disappointed and they will do everything they can for you.

Jose Nose
Jose Nose
22:17 03 Feb 20

Alan and Kevin helped me avoid prison on huge drug charges. Then, they beat my DUI case. They’re the perfect combination of aggressive and humble lawyers. Fees are very reasonable and they really cared about me. I totally recommend. My lawyers for life.

Geraldino Fils
Geraldino Fils
00:32 01 Feb 20

Omar Newell
Omar Newell
18:07 23 Jan 20

MY LAWYERS FOR LIFE!!!!!Alan and Kevin are the Best!!!!!!Most genuine lawyers I’ve ever met…they were very detailed and kept me informed about the process every step of the way… These guys have a genuine passion for law and will work endlessly to ensure a favorable outcome… they treat you like family which is what everyone needs when faced with a situation…

Erico Pilates
Erico Pilates
03:18 16 Jan 20

Thank you Dr Peyrouton for your professional advice on my closing issue and for helping me with my litigation case. I am super grateful for a speedy successful outcome on this process.

njfirearms
njfirearms
05:03 01 Jan 20

Alan and his team have worked magic on cases and are the easiest to work with of the attorney’s I know. I am impressed by how they get things done and their success with cases large and small. Always the first call I make when either I or my clients need counsel.

yuksel
yuksel
19:59 19 Dec 19

I was arrested for a 3rd-degree felony case. I spent 5 hours searching for a good NJ criminal defense lawyer online. Every lawyer I called was in a rush and demanded a lot of money. I didn’t like how many of these lawyers talked to me either.When I discovered Peyrouton Law, I checked their reviews. Every review was perfect and I was skeptical. Nobody can be so perfect.I talked to Alan on the phone and made a free appointment to come in and see him.Alan and Kevin explained everything to me very clearly. They answered all of my questions patiently. I never felt rushed.Because of my special circumstances, they took my case for an extremely reasonable flat fee. Honestly, they treated me like a brother.Within a few weeks, they were able to get my felony case downgraded to a misdemeanor.Long story short, I ended up paying a small fine for a municipal ordinance.As a client, I only had to go to court only three times.Even though my case is over, I will continue to keep in contact with Alan and Kevin.I consider them excellent people and they’ve become trusted friends.If any of my friends or family members ever need a lawyer, I will just grab them by the hand and take them to see Alan and Kevin.You know, when I got arrested, I was humiliated, lost my vacation time, and lost a lot of sleep but the best part of this whole thing is that I made two great friends for life…

Brian Galbraith
Brian Galbraith
23:43 12 Dec 19

Alan and Kevin were the first attorneys I’ve ever needed for any criminal matter in my life. I was speaking with other potential attorneys for my hire and they were all very nasty and and in a hurry. upon hiring Allen he appointed Kevin Brown to my case. Kevin always listened to everything I had to say, took every detail into account and given that I work for a government agency he saved my career from going into the gutter. I had a felony dropped down to a disorderly persons offense and drop down finally to a municipal ordinance charge which leaves me with no criminal record. I could not thank either of you enough and I don’t think that the retainer fee was even enough. Alan and Kevin both saved me and I am forever grateful. if you want good results and honest advice with a touch of hospitality and great customer service hire them now, get their business card and keep it in your wallet just in case. Five stars well-deserved.

This post is originally from Arraignment: What In The World Is It? and written by Attorney Alan G. Peyrouton