If the grand jury indicts, the defendants on the indictment must be arraigned. This is the first appearance before a federal judge (usually a magistrate).
During arraignment, the judge ensures that two things are accomplished: (1) the defendant understands the charges, and (2) the defendant enters a plea.
All defendants at arraignment should enter a plea of not guilty at arraignment. Entering a plea of not guilty doesn’t mean you are swearing under oath that you didn’t commit the crime; rather, it’s the process of requesting that the judge set the case for trial so that the prosecution has to go through the burden of proving the case beyond a reasonable doubt.
In addition to the arraignment, a bond hearing will be held that same day. During this hearing, the court will determine if the defendant is released on bond. Most U.S. citizens who are alleged to have committed nonviolent offenses will received bond. However, there are quite a few exceptions to this general rule, and your attorney must be thoroughly prepared for a “detention hearing.”
You are at risk for not being released if:
- You are indicted for a drug offense, as these carry a presumption of detention.
- You have significant foreign contacts.
- You have overseas assets.
- You have a criminal history.
- You have attempted to flee or missed a court appearance.
- Your offense is coupled with one of violence.
- There is evidence that you may tamper with evidence or threaten witnesses.
If any of the above factors apply to you, it is important that your counsel prepare an aggressive defense to the government’s detention request. Your attorney must be prepared to rebut the government’s evidence by presenting witnesses and documents in support of non-detention, designed to show that the defendant is not a danger to the community and not a risk of flight.
Often at arraignment, the government will attempt to restrict our client’s ability to prescribe controlled substances and to prevent our client from billing Medicare or Medicaid. Your attorney should fight this vigorously, because the ability to practice is vital to surviving through the lengthy battle that lays ahead for most accused practitioners.