Legal Question in Criminal Law in Virginia

Preliminary hearing

is an attorney absolutely necessary in a preliminary hearing and if so(i obviously don't have one), how do i ask the judge for an extension?


Asked on 8/24/05, 7:11 pm

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Preliminary hearing

If you're scheduled to have a preliminary hearing, this means you've been charged with a felony, obviously a serious matter for which you will need competent defense counsel to represent you. If you cannot afford to hire such an attorney on your own then you should ask the court to appoint one.

If your hearing is scheduled within the next couple of days, you should show up for court early and go to see the prosecutor who is assigned to your case and tell him or her that you'll need a continuance in your case in order to retain an attorney. If for some reason the prosecutor declines to agree to your request for a continuance, then you'll have to make the request to the judge whenever your case is called. If you need court-appointed counsel, that will also be your opportunity to ask the court to appoint you a lawyer.

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Answered on 8/24/05, 8:50 pm
Fred Kaufman Fredrick S. Kaufman, Esquire

Re: Preliminary hearing

If you are talking in terms of a preliminary hearing then you are obviously charged with a felony. Virginia law mandates that you MUST have an attorney in a felony case. If you cannot afford one, the judge will appoint you a lawyer. If you have already been arrainged you must have told you judge you were going to hire your own or he would have appointed one there. Next time you show up in court without a lawyer, you'll have to ask he judge to give you a court appointed attorney then you'll fill out financial forms to complete the process.

You need a lawyer and a good one.

Good luck

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Answered on 8/24/05, 10:30 pm


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