Texas Waiver of Arraignment
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FAQ
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.
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.
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.
26.01. ARRAIGNMENT. In all felony cases, after indictment, and all misdemeanor cases punishable by imprisonment, there shall be an arraignment.
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.
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.
Article 26.05 of the Texas Code of Criminal Procedure allows court-appointed attorneys to appeal trial court decisions compensating them for attorney fees and other costs and expenses in criminal cases.
