Can I Waive My Arraignment?

On Behalf of | Jul 18, 2020 | Criminal Defense

What is an Arraignment?

Tacoma Defense Attorney

First, you may be asking yourself, what is an arraignment? An arraignment is usually the initial court proceeding in a criminal case. At the arraignment, the prosecutor formally presents the charges to the Court and the defendant. 

The Court will also establish “conditions of release” for the accused, including bail or release on personal recognizance. Hiring a private defense attorney before your arraignment will allow him or her to prepare the best possible arguments to avoid bail. At Durflinger Oliver and Associates, our attorneys have handled thousands of arraignments while always achieving the best possible release conditions for our clients. Call us today for a free consultation at office.

Every defendant has the right to be represented by an attorney at their arraignment. If you do not have an attorney, you will be appointed one for the arraignment. But, there can be huge benefits to hiring a private attorney in advance of your arraignment. One of those benefits, you may be eligible to waive your appearance for the arraignment.

How Can I Avoid Going to my Arraignment?

You may be wondering whether you need to attend your arraignment. The short answer is maybe. In some cases, a defendant may be able to waive their appearance at arraignment. Some Washington State criminal courts allow defense attorneys to waive arraignment on behalf of their clients, which means that the defendant doesn’t need to appear for that hearing. 

Here’s what you need to do for the best chance at avoiding your arraignment. First, you MUST hire a private defense attorney to represent you. The private attorney will then be able to file a Notice of Appearance and Motion to Waive arraignment on your behalf. Unfortunately, not every criminal case is eligible for this approach.

Typically, only misdemeanors and gross misdemeanors allow a defendant to waive arraignment. Felony courts require attendance at the first hearing for every defendant. Also, certain gross misdemeanors are not eligible; specifically, DUI’s, Domestic Violence cases, or any case involving a weapon. You should contact our office today for a free consultation to determine if your case is eligible to have your arraignment waived office

Durflinger Oliver and Associates has handled thousands of arraignments on behalf of our clients. There are benefits to hiring an attorney before your arraignment, including not having to go, so don’t wait. We will arrange the best possible defense on your behalf to make sure your release conditions are as minimal as possible. Call us today for a free consultation office