Arraigment Without CounselYour first court is called an Arraignment which is a common law term for the formal reading of a criminal complaint, in the presence of the defendant (Felony), to inform him or her of the charges against them.In response to arraignment, you are expected to enter a plea. Acceptable pleas vary from jurisdiction to jurisdiction, but they generally the plea entered is "not guilty." This process is One of your "constitutional" "due process" rights whereby your are told exactly what you're being accused of. If you haven't already hired an attorney to defend you, the judge will ask you if you want a public defender. If you want one and you qualify, the judge will appoint an attorney to represent you. When you go with a Public Defender (because they have so many cases) he or she will have very little time to review your police report and their advice will be based on a quick "once over" of the police report. Also, please understand that if you do not hire a lawyer and/or schedule hearing with the DMV within the first ten days of your arrest you will have waived your right to challenge the DMV and, therefore, your license will be suspended. If you choose not to plead guilty you can ask for more time to hire your own lawyer or the Judge won't assign you a public defender because you make too much money (or own your own house) then he or she may exercise their discretion and impose conditions of release including posting bail, "abiding the law," or other requirements like attending AA meetings. These conditions of release will remain in place until the case is resolved. Finally, you must be present in court at 0730 in the morning on the date assigned. If you are not then a warrant will be issued for your immediate arrest. "Work," "no ride" and/or "school" are not acceptable excuses for missing any court date. Even with an out of state license you must request a DMV hearing within ten days. If you do not request this hearing you will lose your privilege to drive in California. For more information contact our office today. Call 619 804 7223
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