You have to wait until after an arraignment to schedule a meeting with a public defender. Depending on how much time you allow, your private defense attorney might be able to develop a comprehensive strategy before the arraignment. 7) As an added bonus, a good private attorney will keep you apprised of all court dates.
Full Answer
As a first-year lawyer, you are at the bottom of the food chain. You may feel the pressure to say “yes” to everything all the time. However, it is important to know when to say no because saying yes to everything will cause you to burn out. And, not to sound totally pessimistic, no one, except a good mentor, is looking out for you in this regard.
It is important to avoid getting arraigned for the charge, if at all possible. If you wait to hire a lawyer until after the arraignment then you run the risk of missing an important negotiation step. It would be preferable depending on the charge.
But you need to stay confident and aggressive. A timid, defensive-minded lawyer will be stressed out, dislike her job, and not be very good at it. Almost every lawyer wants to command higher rates and attract more clients. But many are stuck pursuing ineffective strategies.
There is no drawback to at least consulting with an attorney pre-arraignment and seeing if he or she advises so. Law is state-specific and laws may vary from state to state. You should consult an attorney in your state for specific legal advice. This answer does not establish an attorney-client relationship.
At the formal arraignment, the courthouse clerks will inform you about the exact charges against you. The court will also notify you of your ability to now file pre-trial motions and request discovery.
In Georgia, the defendant's first appearance before a judge is often called an "initial appearance." "Arraignment" refers to the hearing at which the prosecution announces the charges it has filed; at that point, the defendant typically responds by pleading either guilty or not guilty.
What Happens at Arraignment? There is usually only one arraignment for State and Superior Court cases. Sometimes people are allowed a continuance in order to hire an attorney. During this time, judges may force a person to enter a not guilty plea to move the case on to the next stage.
If the defendant is in custody at the arraignment, the trial must start within 30 days of arraignment or plea, whichever is later. If the defendant is not in custody at the arraignment, the trial must start within 45 days of arraignment or plea, whichever is later.
Whether the Defense attorney chooses to make any Motions or not , at some point before or at the next court appearance after arraignment, he will usually enter into plea bargain negotiations with the prosecutor. Plea bargains can be to reduce some charges.
If the defendant does not want to plead guilty because he cannot get the sentence promised in the plea bargain, the judge will allow the defendant to withdraw his guilty plea ( as if he never pleaded guilty ) and allow him to start over and go to trial or enter into a different plea bargain.
The report is sent to the court and to Defense Counsel and the Prosecutor. On the sentencing date if the report does not contain anything preventing the Judge from giving the promised sentence the judge will give that sentence.
Your sentence or punishment could be any of the following, or some combination of the following:
You have the right to be advised of potential immigration consequences resulting from your criminal case by both the judge and your defense lawyer before you plead guilty or go to trial. For more information about this, see the Committee for Public Counsel Services Immigration Impact Unit.
A civil infraction is a minor violation. Many traffic violations are civil infractions, such as speeding, failure to signal, etc. The punishment for a civil infraction is usually a fine — there is no jail time.
The next date scheduled is usually a pre-trial conference date. You must appear in court on that date.
Before you leave court after any court date, (arraignment, pre-trial conference, trial, or another date) make sure you understand what happens next.
When people are arrested for allegedly committing crimes, they must be taken before a judge relatively quickly to learn of the charges against them, their constitutional rights, any bail options, and other matters.
When arraignments are combined with initial appearances, the hearing must be held “as soon as is reasonably feasible , but in no event later than 48 hours after arrest.” (Weekends are included within those 48 hours.) Under federal law, if the hearing is held later than 48 hours post-arrest, and the delay was not “reasonable,” confessions by the defendant should be suppressed. The government must convince the judge that an emergency caused the delay (inability to find an available judge on a Friday afternoon would not normally constitute an emergency). In practice, however, defendants prevail only when they’re able to link the delay to their conviction, as when, for example, critical evidence is lost between arrest and hearing and would have been secured but for the defendant’s tardy day in court.
The first is to prevent the police from holding arrestees too long before informing them of the prosecutor’s charges and their constitutional rights. Some states specify the time within which an initial appearance must be held; others simply require “within a reasonable time.” Along with hearing of the charges, defendants may enter a plea, learn of their right to counsel and respond to the judge’s questions as to whether they will hire counsel (or need the public defender), and make a pitch for a lower bail. The judge may also set dates for further appearances, and if considering bail (or release on the defendant’s “own recognizance”), set conditions for release.
Or, after a defendant has been arraigned on the prosecutor’s filed “complaint,” the prosecutor may bring the case before the grand jury, which might issue an “information.” The defendant will be entitled to a subsequent arraignment on this new charging document.
If the judge decides that not enough evidence exists to reasonably suspect that a crime was committed and the defendant committed it, the judge will dismiss the case. Plea. The court might take the defendant’s plea —guilty or not guilty—at this point.
From Arrest to the Courtroom. When people are arrested for allegedly committing a crime, the police will take them to the local jail for booking. Jail personnel will confiscate and store the person’s belongings, such as wallets, keys, and phones, and take fingerprints and photographs. Arrestees are placed in a jail cell, ...
The initial appearance starts the criminal process in court. At this first hearing, sometimes referred to as an arraignment, arrestees learn of the charges filed against them. This hearing is likely just the first of many hearings to come.
However, it is important to know when to say no because saying yes to everything will cause you to burn out. And, not to sound totally pessimistic, no one, except a good mentor, is looking out for you in this regard. Generally, if you are willing to give your time and energy, they are willing to take it.
First, this is not an article bashing law schools. Today, most law schools offer students a range of opportunities to gain exposure to the practice of law. Many schools have robust experiential learning programs that include internships, externships, clinics, and more. Also, students need to be proactive about getting everything they can out ...
But many are stuck pursuing ineffective strategies. Others don’t even know where to start. In his popular book, lawyer-turned-legal marketer Jay Harrington lays out a path for building a one of a kind, profitable niche practice.
Here’s What You Need to Know as a First-Year Associate. For what it’s worth, and in no particular order: 1. Being busy is no substitute for being productive. A first-year associate billable hours are important, but the most valued associates are those who not only bill but get the job done. Be a finisher.
Large firms have experts in almost every conceivable skill set and practice area. If you’re a bankruptcy lawyer, you can always tap a litigator to take that deposition or put on that witness. But you’ll become a much stronger, well-rounded lawyer by getting out of your comfort zone and learning to do it yourself. 16.
If you have no record and its a minor charge, you can appear without a lawyer and enter a not guilty plea and set the case down for pretrial. It would be better to have a lawyer at the arraignment date; however if there is not enough time to hire one, you can appear and enter a not guilty plea, do not discuss the case with anyone. It sounds like you have time so I would recommend getting a lawyer. In some cases a charge can be dismissed prior to arraignment so it will not appear on your record.
You are not an offender until you have a conviction or tender a plea accepted by the court.