Do you need an attorney before arraignment or after

Asked about 1 year ago - Riverside, CA

Son was arrested for being part of a fight at his house. We have him out on bail. They are going after him for a felony. But the guy came at him first and when asked to leave wouldn't and kept aggravating situation. He ended up getting hit with a bottle by another boy whom has also been arrested.

Attorney answers (7)

  1. John M. Kaman

    Pro

    Contributor Level 20

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    Answered . While you can be arraigned without an attorney it is not wise to do so especially in a felony case. In fact the judge may not even allow it. Search out a private attorney or use the public defender.

  2. Vijay Dinakar

    Pro

    Contributor Level 17

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    Answered . Hire an attorney ASAP. Make sure that the price includes the cost of trial; obviously I don't know details but it sounds like this case may well go to trial. Best of luck.

  3. Sarkis Jacob Babachanian

    Contributor Level 12

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    Answered . An attorney is best to have well before arraignment because in some cases s/he can prevent charges from being filed if they haven't been filed already. An attorney may also be able to help with bail issues. Also, court clerks tend not to hand discovery packages to defendants, waiting instead to hand the documents to the defense attorney. Moroever, attorneys appearing at arraignment can begin negotiating with the prosecution for a favorable outcome. Finally, having an attorney early on means the attorney can explain the process in general and how your case is likely to go; this may make for a higher comfort level. For these reasons, it's best to have an attorney earlier than later. (By the way, sometimes a person is arrested on a felony charge, but the prosecution files a misdemeanor.)

  4. Richard Franklin Taub

    Pro

    Contributor Level 14

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    Answered . I agree with my colleagues here. It makes no sense to hire an atrorney (as your son needs to do to make his defense more likely to succeed), but to do so at a later time when your ain's case could be compromised. We handle Riverside cases. www.taubcriminaldefense.com

    The information provided herein does not create an attorney-client relationship. The information provided is to... more
  5. Maltaise E Cini

    Pro

    Contributor Level 16

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    Answered . You should hire an attorney ASAP. You want an attorney to be present at all stages of the proceedings. By having an attorney at the arraignment you will ensure that your son's constitutional rights are preserved.

  6. James Roman Amarosa II

    Contributor Level 9

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    Answered . Having an attorney at the begining of case is very important, it can allow the attorney to speak with the state early on the case, which is some situations the attorney can get the state to understand and not have the state file the information (charges). Contact an attorney right away.

    JRA@AmarosaLaw.com - James R. Amarosa, Esq. - 877-ASK-JIM1 - The information above, though authoritative and based... more
  7. Martin Evan Weinberg

    Contributor Level 10

    3

    Lawyers agree

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    Answered . I'm not a California attorney but the advice I always give potential clients and those seeking information is that you need to hire somebody as soon as you can. Especially in an assault case a good attorney can influence the outcome tremendously and help you feel more at ease about the process.

    No representation is made that the quality of legal services to be provides is greater than the quality of legal... more

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