Legal Question in Criminal Law in Georgia

sixth ammendment rights

My brother was arrested for a misdemeanor and two weeks prior to trial the public defender told him there are 4 felony charges. Isn't this a violation of his rights to know what he is charged with prior to arraignment? He asked his public defender this question and he didnt really give a reply.


Asked on 10/17/08, 1:21 pm

2 Answers from Attorneys

Daniel Duello Garrett, Gilliard & Saul

Re: sixth ammendment rights

The state has to inform you of what you are charged with at the arraignment. They can add on more charges, but it either has to be through another arraignment, or they can do it through an accusation. If they did an accusation, however, especially since the charges were initially misdemeanors, I would think his attorney would have let him know he was facing much more serious charges.

So to answer your question, it's not necessarily a 6th amendment violation, but it could be.

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Answered on 10/17/08, 2:50 pm
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: sixth ammendment rights

Yes, and perhaps this is due to a variety of reasons rangig potentially from lack of attention or incompetence... or a multitude of other reasons.. however, usually, chages are read aloud in court on all matters...

generally, if facing four felony charges i would suggest hiring your own attorney, if this is something that is important to you... the potential exists here for serious leal ramifications.

if you would like to contact us for further discussion on this matter you may reach us at 212.709.8303

as far as the question asked, im going to assume that you meant whether the fact that he did not kow the full charges could be something which would protect him from conviction... the answer would be no, only errors which would make a reaosnable person find clearly that there is evidence to the contrary... then a conviction would stand against him... if you seek to help him, the time is NOW

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Answered on 10/18/08, 7:05 pm


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