Can you go to jail after an arraignment?

Yes. If you are in custody at the time of arraignment, you may return to custody after you are arraigned unless bail is modified or exonerated. While it is unusual, there is a possibility that you could be taken into custody after an arraignment even if you were not previously in custody. For example, if you violated the law while out of custody, the judge may decide to impose bail and have you taken into custody.

If you plead “not guilty” at the arraignment, the judge will either modify or reinstate your bail amount, which is set by a County bail schedule. Your attorney can request that the bail amount be modified. At the arraignment, the judge will presume that you are guilty of the charges when making a decision on bail. The decision on bail will then be based on (1) the danger that you pose to the community and to specific people; and (2) your flight risk. The judge will then keep the set bail amount, modify the bail by reducing or raising it, or release you on your own recognizance.

If the court imposes bail in your case and you cannot afford to post it, then you must remain in custody until your case is resolved.

Call Us Today