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.
2 Answers from Attorneys
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.
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
Related Questions & Answers
-
Can police come back after you have been taken into custody? police executed a... Asked 10/16/08, 6:50 pm in United States Georgia Criminal Law
-
Drug raid with no warrant my x had a felony arrest warrant, she happened to be at my... Asked 10/16/08, 3:25 pm in United States Georgia Criminal Law
-
Question submited on tues 10/14 I ask a question on 10/14 about how to file charges... Asked 10/16/08, 12:22 pm in United States Georgia Criminal Law
-
Felony charge wrongfully How can I reopen a case that was never suppose to happen... Asked 10/15/08, 8:29 pm in United States Georgia Criminal Law
-
Internet fault idenities harrass!Ments! What legal matter can be done to stop... Asked 10/15/08, 12:24 pm in United States Georgia Criminal Law