I am on conditions of release with a probation officer in MA. I got arrested for charges in NH ( ones I will beat for sure) week and a half ago. My arraignment is today for those charges. My lawyer said there is a chance for arrest, but he said he couldn't find out beforehand. I find that hard to believe. I'm super freaked out, haven't slept at all tonight. How can I know? He is trying to motion the court to skip arraignment and go right to trial. I will know in a few hours if his plan works. Any ideas? MA and NH have crap for online searches. Thanks!
Criminal Defense Attorney
How could your lawyer find out beforehand what the judge will do? There is no mind reading course in law school, though I have frequently wished there had been. It's up to the judge whether to take you into custody for violating your conditions of release or not. The prosecutor may ask that your bail be revoked and you be held for 60 days without bail. Personal recognizance is a form of bail. If the prosecutor makes such a motion, the judge will decide. How do you know if the prosecutor will so move? You don't. You'll just have to show up and see. Also, there is no way a defendant can skip arraignment and go straight to trial. Not possible. If there is no arraignment, there is no case.
I think you need to calm down and get yourself together.
Attorney Lauren Craig Redmond ~ 617.953.6116 ~ No attorney/client relationship is established or implied by any email or phone conversation.
DUI / DWI Attorney
You have an attorney. All of these questions should be asked of that attorney. If you truly have some reason to not believe that attorney, then you should hire another. On the other hand, how on earth could the attorney find out before hand if you're going to be remanded in court? My advice is to trust your current attorney unless you have some real specific reason not to. Best of luck.
Criminal Defense Attorney
I agree that skipping arraignment is a non sequitor. You can expedite the trial date after arraignment. A failure to inform your probation officer compounds the problem. I would strongly suggest that you have your lawyer contact the probation officer.
You are not going to find an answer because your question is not usual procedure. Just think. The prosecution must gather its evidence and witnesses for a trial. The entry into the system is by an arraignment. Are you sure you understand what your lawyer is saying, or maybe you should get a second opinion
Criminal Law (all misdemeanor & felonies in District and Superior Courts), Drunk Driving and Drug arrests, Sex Offenses, SORB, Crimes involving Violence or Theft, Domestic (Divorce, Child Custody, Alimony and Child Support) and Family Law (Modification, Contempts & Paternity), Juvenile Law, Domestic Violence and Restraining Orders, Business Law, Personal Injury claims, Probate Law (Guardianships, Conservatorships & Estate Administration) and Legal Malpractice. For these and other areas, contact me. NOTE: This preceding message DOES NOT create an attorney-client relationship. It is not a protected or confidential communication. The statements made herein are not to be interpreted as representations or warranties of any kind. No reliance should be placed on the statements made herein. It is recommended that the recipient(s) should undertake their own research to reach their own opinion. The writer does not accept professional responsibility on this matter. TO CREATE an attorney-client relationship REQUIRES a signed retainer/fee agreement along with a retainer fee that must be received by my office.