Legal Question in Criminal Law in California
I have a Arraignment date of 09/16/2015, but I just got the notification letter on 09/10/2015. I need more time to get money for necessary legal representation. Can I get the arraignment date pushed to a later date? What steps do I need to take to execute this.?
3 Answers from Attorneys
As a Former Deputy District Attorney, I can tell you that it depends on several factors...1) What is the charge? (the more serious, the less likely the judge will release you without bail). 2) Prior record ( the lack of a record is positive for you). You should speak to a qualified criminal defense attorney before your arraignment and go over all the facts and the charge and your record. I wish you well. David Wallin
Show up to court on the date indicated and ask the judge to continue the arraignment. Don't enter a not guilty plea or do anything except continue the arraignment. They will ask you to waive time - you'll have to do that. You have a right to be arraigned on the date you appear and certain speedy trial rights begin at arraignment. You would be agreeing that any speedy trial rights wouldn't begin until you are actually arraigned at your next court date.
If you can request a copy of the complaint (the charging document) and discovery (initial police reports) from the prosecutor to take with you when you see attorneys, that would help.
I have been a criminal attorney for 30 years and I can tell you that all courts are different.There may be an issue of bail that needs to be addressed.I would need to know the court and charges in order to help you. Please call me Barney Gibbs at 7148389019
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