Can You Go To Jail at an Arraignment? Yes & No. Find Out!

Wondering if you can go to jail at an arraignment – we’ll tell you what’s the truth and even if you do go, how can you find your way out. Arraignment is the first appearance before a judge, and often, it is seen that the judge considers several factors.

Just four days ago, Atlanta rapper Young Thug was released from jail after changing his plea in the longest-running criminal trial in Georgia! (Side note: state laws play a significant role in deciding if you’ll go to jail.) The rap star averted jail time with probation, finally bringing the chapter to a close.

It’s not that you’ll be put straight behind bars at your arraignment – it is a just process that involves considering the existing evidence. This is before your case goes to trial and going to jail is the judge’s discretion.

The following article will dive into the legalities surrounding arraignment. It will bring a discussion of real cases where cases swayed both ways – jail and no-jail. We’ll also discuss how to prove your innocence when falsely accused.

Read till the end to find us answering an important question under the special segment called – Burning Question.

What is Arraignment? Can You Go To Jail At A Preliminary Hearing?

For those wondering what arraignment means, here’s the answer. A court proceeding is where the defendant (your criminal lawyer) reads the charges of criminal acts. Then, the defendant is asked to enter a plea by the judge. They may plead guilty or not guilty, and the proceeding can move forward from there as required.

Take Young Thug’s example. His aversion to jail time comes as a surprise. The plea change was a no-go after Judge Paige Whitaker asked Jeffery Lamar Williams (his real name, duh) if he agreed to a non-negotiated plea.

Now, what’s a non-negotiated plea, author – we’re having a hard time understanding arraignment in the first place! I hear you. Let me break it down for you. When a plea is non-negotiated it implies that the defense and prosecutor cannot come to a sentencing deal. That leaves the ultimate decision to the judge.

In Young Thug’s case, he was sentenced to 40 years in prison, but his sentence was cut short after Judge Whitaker commuted it to time served. However, he must complete 15 years of probation but 20 years in custody if probation fails.

He will also be required to perform community service and do presentations against gang violence.

This is an example where the judge’s orders may change depending on the defendant’s plea.

Can You Go To Jail At An Arraignment – Things You Need To Know!

There are two answers to this- Yes and No. Yes – when your charges are severe, and you are found to be a threat to society and guilty of the charges.

No, you don’t go to jail at an arraignment when your charges are not severe or under one of the circumstances enlisted under “Cases Where They Did Not – See, You Can Be One Of Them!” below. Choosing the right criminal lawyer can make a lot of difference!

Check out the following instances where we answer can you go to jail at an arraignment for you.

Note: you are discouraged not to take these instances as inspiration to commit a crime in the hopes of getting away with it.

We do not support or promote crimes – petty or big.

Cases Where People Did Go To Jail At An Arraignment

There are cases where people go to jail at an arraignment, and it is only after consideration of the evidence. If you have yet to appear for your first hearing, don’t worry if it’s just for a speeding ticket. Check out the following instances when people had to go to jail at an arraignment.

Instance 1

Young Thug’s case is one of the most popular due to the long-running nature of this trial – it ran for 2 years – with the rapper finally averting prison time after pleading guilty to gang violence. He was taken into custody after the first hearing due to the strong evidence that he was a threat to society.

The rapper was involved in gang violence, with the judge stating instances from his songs, too.

Instance 2

Another case where people have answered “yes” to can you go to jail at an arraignment was back in 2022 when the Chrisley couple from Chrisley Knows Best were sentenced to prison for bank fraud and tax evasion.

Both the stars from the long-running TV series were sentenced to prison – 12 years for Todd Chrisley and 7 years for Julie Chrisley. It is expected that the couple will serve at least 85% of their sentence as federal white-collar law allows for a slight reduction in sentence for good behavior, that is.

Instance 3

Marth Stewart – the famed businesswoman, began serving at a West Virginia federal prison camp after being indicted on nine counts. Some of which were – securities fraud and obstruction of justice.

While serving her time at the prison camp, she appealed her convictions but was unsuccessful and faced civil lawsuits.

Instance 4

Bernie Madoff, the celebrity financial advisor, was charged with securities fraud and was arrested by federal authorities in 2008. After pleading guilty to 11 of the federal felonies, he was imprisoned for 150 years. In 2021, at the age of 82, he died of natural causes in federal prison.

Instance 5

Health technology CEO Elizabeth Holmes, sentenced to 11 years and 3 months in prison for defrauding investors in 2022, had her sentence reduced twice. Since then, her prison sentence has been slashed twice in less than a year.

Theranos fraudster Elizabeth Holmes rang in her 40th Birthday behind bars with her husband and two kids.

Cases Where They Did Not – See, You Can Be One Of Them!

There are several real-life incidences that even you may have heard of where the people do not go to jail at the first hearing. Here’s a list of instances where jail at an arraignment does not happen:

• Bail: The defendant can be on bail until trial if the judge finds them to be safe for society.

• Case Closed: You can avoid going to jail at an arraignment if there isn’t enough evidence to put you behind bars. This is subject to change if there is evidence in the future.

• Plea Bargain: the court can release you on probation or admonition if you enter a plea bargain. A plea bargain is a negotiation that the defendant and prosecution enter in exchange for a lenient sentence. Over 905 of such cases are resolved by plea bargains!

• Not Guilty Verdict: if the defendant is found to be not guilty, they are released without the scope of retrial due to double jeopardy.

• Dropped Charges: the prosecution can decide to avoid bringing formal charges against the defendant.

• Fixed Penalty: the defendant may be asked to pay a fixed penalty instead of going to court or jail.

What To Do If You Go To Jail At An Arraignment?

If you have been arrested, you will be called to appear at the court for the first court appearance to face charges. The police will give you a date for the arraignment.

You can check the warrant of arrest, it’s your right.

Before you appear on the given date – be sure to talk to a lawyer. You may be appointed a lawyer if you do not have one, or you can avail yourself of the services of your own lawyer. They will help defend your case and prove your innocence to avoid going to jail. A lawyer can help you with navigating legal options in criminal cases.

They will not just help you understand the charges and defend you in court, but they will prepare you for the process – stopping you from saying incriminating things.

If you cannot afford a lawyer, you can submit an Affidavit of Indigence, and a public defender will represent you. This affidavit asserts your inability to bear the costs.

What Kind Of Cases Lead to Jail at an Arraignment?

After reading the above sections, you might have a fair idea of this and could answer for yourself. But here’s us saying it out loud:

• Denied bail or inability to make bail leads to jail at the arraignment

• Security crimes

• Tax evasion

• Gang violence

• Battery (criminal and as a tort)

• Theft

• Obstructing investigation

• Contempt of court

• Released convict who breaks the restrictions imposed upon them by the court on their movement

• Suspicion of preparing to commit a cognizable offense or is a habitual criminal

• Misleading the police

These are some of the many circumstances under which you can go to jail at an arraignment.

Which Lawyers To Consult For Such A Case?

If you are arrested, called, or handcuffed to the police station, here’s a list of lawyers (their practice area) who can help you:

• A civil lawyer or litigator

• Criminal defense lawyer

If you do not have a lawyer or cannot afford one, you can be assigned a public defender who will represent you in court.

Burning Question: What Happens If I Cannot Pay The Bail?

So, you do not have to go to jail, and you can be out of this mess on bail. But wait, you see that the bail bond is for a ridiculous amount of money! What to do next? You may request a lower bail amount – but it is at the judge’s discretion.

Most of the time, the bail amounts are not lowered – there are a few factors when this happens, and sometimes, racism and prejudice instigate it.  

Kalief Browder is one such incident that sheds light on the horrors of money bail, where the individual may be forced to stay behind bars despite a conviction of a crime. This is significant as it raises several questions about the hundreds and thousands of people who go through the same thing simply because they cannot pay the bail.

His story and the story of several others who survived, unlike him, brought the Pretrial Fairness Act into effect in Illinois. The act brings pretrial justice to nearly a quarter of a million people who go through jails.

There are several alternatives that may work in your favor when you cannot pay bail:

• A bail bondsman may be able to fill the gap in an expensive bail and charge the defendant 10% of the total bond amount.

• Release on Recognizance that they will responsibly appear at the court when called upon

• Collateral to secure the cost of the bond

Your lawyer can help you navigate the options.

Wrapping It Up!

Now you know the answer to can you go to jail at an arraignment, and we know the reality isn’t pretty. There are a lot of layers to the problem, and you need a lawyer by your side to navigate the complexities.

The article uses real-life examples to highlight the severity of cases that end in the defendant going to jail – so don’t worry unless you’ve committed a crime similar to the instances or cases above.

All the best for your arraignment!

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