Legal Question in Criminal Law in California

Re: arrainment

Certain housekeeping questions can and must be asked, such as "Do you intend to hire a lawyer?" "Do you waive your right to a speedy trial so I can grant you a continuance of the arraignment?" "Why were you late for court?" (assuming the lawyer was late too).

Asking you "Did you hit your wife?" or "Did you have a permit to carry a concealed firearm?" would be improper as a violation of your right to counsel.

Re: arrainment

Your question is not just a simple yes or no. Generally a Judge should not ask you questions regarding the merits of your case without your attorney present. However, there are exceptions. A judge may ask you some basic questions regarding scheduling or if you have hired an attorney or if you plan to hire an attorney. The Judge should not be asking you questions regarding the event or incident that led you to being in court unless you have clearly stated you are representing yourself. Good luck

Re: arrainment

You wouldn't answer him, would you? And the D.A. is ethically not allowed to speak to him about your case without your lawyer there.

Re: arrainment

The question should be - should they ask questions? The answer should be no. It's not a judge's place to ask potentially incriminating questions of a person before them on an arraignment appearance.

Inform your attorney about the situation and let them handle things.

Re: arrainment

I'm not sure if you're talking about talking to opposing counsel without your attorney present, which is generally forbidden, as an ex parte communication...Or if you are talking about asking you, the defendant questions, without your attorney present, which is also generally not allowed, as you are represented and the judge shouldn't put you in a position of saying something that could be detrimental to your penal interests. If you can clarify for me, maybe I can be more precise. My web address is www.wallinlaw.com. Thank you...David Wallin