What to Expect After Arraignment
The Arraignment marks the beginning of a defendant's formal journey through the legal process, but what comes next is where the action happens. Here's what you should anticipate post-arraignment:
1. Receipt of Initial Disclosure:
Once the arraignment is over, the prosecution will provide the initial disclosure. Note that the defendant will already have received the charges during the arraignment hearing.
2. Evaluating the Disclosure:
The defense attorney will then scrutinize the disclosure against the charged laws. This step is crucial in determining whether the presented evidence is robust enough to result in a conviction.
3. Identifying Strengths and Weaknesses:
During their evaluation, the defense attorney will look for possible defenses and any issues with the prosecutor's case. They will also assess potential legal issues leading to evidence suppression or inadmissibility during the trial.
4. Advisory Meeting with the Client:
Post-evaluation, the defense attorney arranges a meeting with the defendant to discuss the findings. This meeting serves multiple purposes:
Clarifying the Legal Landscape: The attorney breaks down the admissible evidence's strength, ensuring that the accused fully grasps its implications in the context of their charges.
Exploring Sentencing Guidelines: The attorney provides insights into potential sentencing outcomes, helping clients understand what they could face if convicted. This knowledge is essential in guiding subsequent decisions.
Risk Assessment: Together, the attorney and client dissect the benefits and potential pitfalls of various strategies, whether that means negotiating a plea, pushing for a trial, or exploring other avenues. The defense attorney leverages their experience and expertise to provide realistic expectations and probable scenarios.
Empowering Decision-making: While the attorney brings legal expertise to the table, the final decision always rests with the client. In this meeting, the attorney ensures the accused is equipped with all the necessary information to make an informed choice about the path forward.
By the end of this consultation, both the attorney and the accused should have a clearer picture of the case's trajectory and the strategy they wish to employ.
5. Seeking Further Information:
There are instances where the initial disclosure might need to provide more clarity or information. The defense attorney might need to request more disclosure or undertake additional investigations in such scenarios.
6. Case Management Conference:
The defense attorney can request more time if these investigations stretch beyond the first Case Management Conference's timeline. Typically, the first such request is almost always approved.
7. The Role of the Client:
Defendants should assist their attorney by:
Gathering mitigation to present a more favorable profile.
Accumulating any exculpatory evidence that might strengthen the defense.
Actively review the disclosure, identify discrepancies, and offer clarifications or explanations.
The period following an arraignment is a phase of active collaboration between the defendant and their defense attorney. While it involves strategic legal evaluations and decisions, the process also calls for active client participation, ensuring that every stone is turned in the quest for a just outcome.
