arraignment

frankythefish

can anybody make me understand a little clearer? i do not understand the legal system.

my sisters boyfriend was originally facing 8 charges.

he is going to court in a few months for arraignment.

i have been told he will likely go into custody, of his own accord, after the arraignment. alternately he may chose to go to jail in june, when the sentencing is announced.

ultimately there will be no trial

i am curious what has happened here. for instance, could he possibly plead guilty to one charge on the day of arraignment and that be it? this idea haunts me as he could be out in few months at that rate

Really Interested

frankythefish wrote: »

can anybody make me understand a little clearer? i do not understand the legal system.

my sisters boyfriend was originally facing 8 charges.

he is going to court in a few months for arraignment.

i have been told he will likely go into custody, of his own accord, after the arraignment. alternately he may chose to go to jail in june, when the sentencing is announced.

ultimately there will be no trial

i am curious what has happened here. for instance, could he possibly plead guilty to one charge on the day of arraignment and that be it? this idea haunts me as he could be out in few months at that rate

How the process will work.

The accused will turn up at the Circuit Court on the day set. When the case is called the Barrister for the accused will inform the court that the matter can proceed and the Accused can be arraigned.

When the court is ready to hear the matter on that day or if necessary another day the accused gets in to the Dock, each charge is read and the accused is asked does he plead guilty or not guilty. The person pleads guilty.

Now in most cases the Barrister for the guilty person will ask that the matter goes to sentence assuming the matter is not ready for sentence, as probation reports required or victim impact statements etc the matter put back for sentence.


Now your question in many case the guilty person is released on bail to the sentace day. If the state or the guilty person are not happy with bail then the guilty party is locked up and when finally sentenced then the time starts from the day the guilty person went into custody after the plea.

Usually if a person is going into custody after a plea of guilty I would assume there is a expectation of a reasonable sentence a few years but no one can really tell.

frankythefish

am i right in saying that, albeit he will plead guilty, there is no guarantee that he will have to plead guilty to all of original charges?

Really Interested

frankythefish wrote: »

am i right in saying that, albeit he will plead guilty, there is no guarantee that he will have to plead guilty to all of original charges?

In a multiple charge situation the following can happen

Plead guilty to all

Plead guilty to some but not guilty to others then a trial on the other charges

Agree to plead guilty to some on condition the others disappear

Plead guilty to some as sample charges where the judge is told about the totality of the charges

frankythefish

"Plead guilty to some as sample charges where the judge is told about the totality of the charges"- I am not sure I understand this one ?

Really Interested

frankythefish wrote: »

"Plead guilty to some as sample charges where the judge is told about the totality of the charges"- I am not sure I understand this one ?

Say a person is accused of fraud, say there are 250 charges, it is often agreed that the accused will plead guilty to say 6 but the judge is told at sentencing that there are 250 charges and the 6 pleaded to are sample charges.

frankythefish

in that case would punishment/sentencing represent that of the 250 charges or 6 charges? i am guessing the 250?

Really Interested

frankythefish wrote: »

in that case would punishment/sentencing represent that of the 250 charges or 6 charges? i am guessing the 250?

Yes the totality of the charges.

frankythefish

many thanks for all your responses