Articles Posted in Arraignment

If you have made the decision to hire a Los Angeles Criminal Defense Attorney to represent you on the criminal charges against you, you have made the best decision for your future. A Criminal Lawyer has extensive experience and knowledge with the court system and with the prosecutors working on your case. This makes the whole process efficient, and stress free.

If you have an attorney representing you in Court, and you are being charged with a misdemeanor, you do not have to be present in Court. Your attorney can appear on your behalf. The first appearance in Court is called the Arraignment. As stated, you do not need to appear at the Arraignment if you have an attorney representing you. If you do not have an attorney representing you, you will need to appear in Court to defend yourself. If you do not appear timely, then a bench warrant will be issued for your arrest. You will then not only face the charges you were called into Court for, but will also have to defend yourself against the bench warrant and Failure to Appear charges.

Your attorney will talk to you in depth regarding what will happen at your Arraignment, whether you choose to appear or not. If you have any questions, it is a good idea to speak to your attorney about your questions so that you fully understand the process.

If you have been charged with a Hit and Run in Los Angeles, you will be given a citation and a notice to appear in Court. This citation will state the time and which court house. This is not an optional appearance. You must appear on or before that date stated. This is called your arraignment.

At the arraignment, you will be asked to enter a plea of guilty, not guilty, or no contest. This will be entered after you have spoken to a Prosecutor about the potential sentence they are willing to give if you plead guilty that day.

How do you know this is a good offer? How do you know if the Court has followed proper procedural requirements and they are not violating your Constitutional rights? You know by hiring a Los Angeles Hit and Run Lawyer.

If you have been arrested for a criminal offense, you have not been found guilty. The court has to make a finding of your guilt, either through a full trial, or through a plea entered by you. The very first appearance you make in Court is called an Arraignment.

At the Arraignment, the following things will happen:

  1. You will be asked to enter a plea, whether it is guilty, not guilty, or no contest.
  2. You will be read the offense you are being charged with and the potential consequences you may face
  3. You will have the opportunity to talk to the Prosecutor regarding the charges against you
  4. You will be offered a plea bargain in exchange for your guilty plea

The arraignment is a court ordered appearance. If you are given a citation, it will state on the citation the date you must appear in court. If you fail to appear, it is a court violation referred to as a Failure to Appear.

When you fail to appear in Court, the Judge will order a Bench Warrant. A bench warrant allows officers or other authorities to arrest you at any time and take you into custody. It is highly advisable that if you have failed to appear in court, that you appear as soon as possible to explain your failure to appear to the Judge and hope that the Judge recalls the Bench Warrant.

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When you have been issued a citation upon arrest, you are ordered to appear in Court, on or before the date stated on the citation. This is not voluntary, or optional. It is a mandatory order and one subject to consequences if you fail to appear. The consequences will differ depending on the circumstances of your case, and whether you are represented by an attorney or not.

If you are represented by an attorney, and the charge against you is a misdemeanor, then the attorney can appear on your behalf under California Penal Code §977. If you are not physically in court, and only your attorney is, then there will be no consequences. You always have the option to appear, but oftentimes most negotiations are done between the attorneys. Attorneys are also not allowed to enter a plea on your behalf so you will not be pushed into a decision that you have not discussed and confirmed with the attorney.

Let’s walk through a typical arraignment where the party is represented. This is a general arraignment, and is not always the case.

Our clients lead busy lives and with work, school, and social obligations. It is often stressful and proves to be difficult for them to clear up the day they are required to appear before the Criminal Judge. Fortunately, once they have retained an Los Angeles Criminal Defense attorney, they are not required by the law to appear in Court. The attorney can appear on their behalf.

It is different for cases that are misdemeanors and for felonies. If the case is a misdemeanor an attorney is able to appear on the person’s behalf without them having to be present. If the case is a felony, the criminal system requires that the person being charged must always appear.

For example, David has been charged with domestic violence. He was stopped on a routine DUI, with nothing out of the ordinary. He did not hit a person or an object, he did not damage any personal property and it was his first DUI. Due to the facts of his case David’s case will be a misdemeanor and a San Diego DUI Attorney will be able to make the appearances on his behalf.

if you have been cited or arrested for a criminal offense, you have likely been given a court date on which you must appear before the criminal Judge. It is imperative that you appear at this hearing, referred to as the arraignment. If you do not appear, a warrant can be issued for your arrest.

At the arraignment, you will be read your rights, the potential sentence that you are facing and be given an opportunity to enter a plea of guilty or not guilty. What many people do not know is that you also have the option of continuing the hearing, if you would like.

Everyone has the right to a speedy trial. This means that once you have been arraigned, your case must be heard within a set period of time. If it is not, your right can potentially have been violated. If you continue your arraignment, the Judge will ask if you are waiving time, and you will have to agree in order to receive a continuance. Overall, waiving time does not necessarily hurt your case, but to be absolutely sure, it is always advisable to contact a Los Angeles Criminal Defense attorney.

We have discussed extensively the varying Constitutional rights afforded to each person standing a criminal trial. These rights are very important and designed to protect each individual from being wrongfully convicted, or having their rights taken away without a complete understanding of the process.

That is why in a criminal case it is extremely important to consult with and recommended to hire a Los Angeles Criminal Defense attorney. For a criminal defense attorney, this is their day to day experience and knowledge. They know whether waiving any rights is in your best interest, or if it will serve to hurt you later.

One of these important rights is the right to enter a plea. If you are represented by an attorney, the attorney may enter a plea on your behalf. Each plea will have its own specific procedures. In any case, no lawyer shall ever enter a plea on your behalf without having discussed in length the specific consequences, potential outcomes and charges with you in detail.

When you have been arrested on suspicion of a criminal charge, you are not yet convicted of a crime. Simply being arrested does not mean you are guilty, or that you will be sentenced., it means that officers have a reason to believe that you are guilty of the charge you have been arrested for.

Before you can be found guilty of any crime, you must either plead guilty to the charge, or you must be found guilty beyond a reasonable doubt in a court of law. Only then do you have a conviction on your record.

During the criminal court process, from the point you are arrested, or given a citation, through the completion of your case, you have certain rights. These rights may not be taken away from you at any point in the proceedings, and it is the Court’s obligation to inform you of these rights, whether you are represented by an attorney or not.

The only time it is detrimental to not show up in court for a scheduled hearing is when you are not represented by an attorney. If you completely fail to show up, and do not have an attorney present in Court for you, you run the risk of being charged with a Failure to Appear. A Failure to Appear is a charge on its own and can lead to additional criminal consequences. If you do not have an attorney appearing on your behalf, it is mandatory that you appear in Court on the day you are scheduled to appear.

If you do have an attorney, it will not be detrimental to your case for you to not appear in Court. The Judge will not decide your case more favorably if you are present, and Prosecutor will not take sympathy on you because you made the effort to appear in Court. The attorneys will look at the facts of your case, as will the Judge and they will make an order based on those facts. Your presence does not factor into their decision as to your charges and your potential sentence.

In fact, the prosecutor and the Judge know that you have a job, and that you have obligations outside of court. They know that you have responsibly hired an attorney that will be present on your behalf in Court and that attorney will represent your best interests.

Based on the laws of this country, you have certain rights and protections that are granted to you. The laws are set up so that it must be a significant benefit to society for those rights to be violated.

If you have been arrested on suspicion of having committed unlawful criminal conduct, the officer will list a court date on your citation. This court date is your Arraignment. At the Arraignment the Judge will inform you of all of the rights available to you, will explain the charges against you and the potential consequences, and will ask you to enter a plea of guilty, not guilty, or no contest.

One of the most important rights the Judge will state is the right to counsel. You have the right to have a legal professional represent you in Court. This right is important and granted to each and every individual in a criminal trial. It is important because when you are facing criminal charges, there are some significant and serious consequences that you may face. Some consequences may deprive a person of their right to privacy, their right to freedom, and it may even affect their immigrant status in the United States.