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question.jpgIn Criminal Law

When does an arraignment occur?

Typically, excluding holidays and weekends, an arraignment will take place within 48 hours, if the defendant is in jail. If, however, bail was arranged, arraignment may not occur for several weeks. If arraignment does not occur in a speedy manner, in rare cases, a suspect can have the charges dismissed if the suspect can show that the delay in arraignment was extraordinary, not the fault of the suspect, and that the delay damaged the defendant’s opportunity to present a solid defense. In any case, arraignment should take place as quickly as possible after arrest. The quick arraignment ensures that the police already have evidence of a crime before the suspect is arrested – oh, and guess what? If you’re in jail, the police are nice enough to transport you to your arraignment for free.