Legal Question in Criminal Law in Louisiana
Rules of arraignment and represntation
First court day one month ago.Was asked if I had a lawyer, replied that I had spoken to one but as yet was not able to retain one.Judge told me to return in one month with an attorney or I would be spending time in jail.I can't afford to retain an attorney.Was not offered court appointed attorney, and am now afraid, because of the judge's attitude,that I can get fair representation if they even offer me an attorney.Charges are unlawful entry of a private dwelling and simple possesion.Home belonged to a friend, almost family,whom I had stayed with many times before.{Her sister and my brother live together and have a chid}I had to meet a man to ride to work with in the town she lived in.My mother had to drop me off early so I told him to meet me at the woman's house since we both knew where she lived.I just set my things inside and went back out on the porch to wait.Police came at that time.Neighbor called them.My mother told them to talk to the woman because we were all friends and she would not mind.My brother and I had a bad argument a few weeks before but had made up,she didn't know and thought I was mad at her.She tried to drop the charges later but the DA is pressing it.Can they hold me in jail if I go without a lawyer?
1 Answer from Attorneys
Re: Rules of arraignment and represntation
Not having a lawyer is not a crime. I think the judge was suggesting that your odds of avoiding jail would improve if you had a lawyer.
The question for you is, "Have you tried to get one?" If you have not, you should. If you cannot afford one then go to the arraignment and tell the Judge that you want a court-appointed lawyer. If necessary you can plead not guilty without that lawyer and meet her/him as soon as possible after the arraignment.
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