Texas Waiver of Arraignment is a process in the criminal justice system that allows defendants to waive their right to a formal hearing in court and enter a plea of not guilty without appearing in court. This process is typically available for misdemeanors, felonies, and other criminal offenses. There are two types of Texas Waiver of Arraignment: voluntary and involuntary. Voluntary Waiver of Arraignment involves the defendant making an informed decision to waive their right to a formal hearing, and entering a plea of not guilty without appearing in court. Involuntary Waiver of Arraignment occurs when the defendant is unable to appear in court for their arraignment, and the court grants a waiver of arraignment without the defendant's consent.
Texas Waiver of Arraignment
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Section 26.13 - Plea of Guilty (a) Prior to accepting a plea of guilty or a plea of nolo contendere, the court shall admonish the defendant of: (1) the range of the punishment attached to the offense; (2) the fact that the recommendation of the prosecuting attorney as to punishment is not binding on the court.
What happens during an arraignment in Texas is that the judge will ask you if you want to be appointed a lawyer after the charges are read. If you qualify for court-appointed counsel, the judge will appoint your representation. Then, you get the opportunity to enter a plea against the charges filed against you.
Once the grand jury issues an indictment, an arraignment hearing will occur within about two to four weeks after an indictment has been handed down.
Beyond the arrest the D.A.'s office has 90 days in which to indict the case by presenting a case to the grand jury and securing a True Bill. Individuals still in jail beyond 90 days without the presentment of a case to the grand jury must be released on a reduced bond or a personal recognizance bond.
Timeframe: The preliminary arraignment process in Texas typically occurs within 48 to 72 hours after an arrest. Texas Code of Criminal Procedure Article 26.01 states that the defendant must be arraigned in court without unnecessary delay.
If there is a material change in financial circumstances after a determination of indigency or nonindigency is made, the defendant, the defendant's counsel, or the attorney representing the state may move for reconsideration of the determination.
If someone is detained for a crime, but there isn't an indictment filed within 180 days, the suspect may be accused of a misdemeanor. A misdemeanor is considered to be a lesser serious crime than a felony. Therefore, it can be punished with a maximum penalty of one year in the county jail.
With the vast majority of federal crimes, the grand jury has five years to indict the accused. However, if the defendant is arrested and free on bond, the prosecutor has up to 180 days to secure an indictment.