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What are the chances ill be arrested? Can I check first?

Lawrence, MA |

Hello!
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!

Attorney Answers 3

Posted

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.

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Asker

Posted

Thank you! You kinda were just a stern mother to me! Lol, thank you for that. The hearing is in NH, the conditions are in MA. It seems like the interstate thing might help me. I am nervous, but do you think I should prepare for jail? Ie extra whites and don't drive myself?

Lauren Craig Redmond

Lauren Craig Redmond

Posted

It depends on what the new charges in NH are. Are they the same as or similar to the MA charges? You face possible detention in both states; NH for the new charges, MA for violation conditions of release. But if, for example, the MA charges are driving with a suspended license and the NH charges are kidnapping...you will likely be held in NH but not in MA. If the MA and NH charges are same or similar misdemeanors you probably won't be held. If MA has charged you with a felony but NH has charged you with a misdemeanor, you probably won't be held. You can't know until you appear in each court and find out. Also, I did intend to be the stern mother. Oftentimes that is the best way to make a point in the criminal justice system.

Asker

Posted

Well, you are pretty fricken awesome. Excellent answer. The offenses in NH are really bologna. The MA is under the whole general "D.V,." Crap, and one of my counts in NH is simple assault that indeed up with an automatic RO. It was just a little argent with my mother that turned into me grabbing a cell phone from her and throwing it. She tries to get everything dropped but the court wouldn't let her! Because both states have charges related to D.V., I guess I'm screwed huh. I will just have to suck it up and prepare for the worst. I really can't go back in orange. I have a couple mental illnesses and jail doesn't give me the therapy and meds I need...plus it's fricken jail...thanks, "mom" :)

Lauren Craig Redmond

Lauren Craig Redmond

Posted

You're welcome, "son." Just rely on your attorneys in both states. Be honest with them. That is your best bet. Good luck!

Asker

Posted

Thanks. I will. I also have a temporary hearing scheduled 2:30 hours after the other hearing. I hope I can make both :(

Lauren Craig Redmond

Lauren Craig Redmond

Posted

If there is ANY chance you'll be late for the 2nd hearing, let your lawyer know! S/he will be able to alert the court and there'll be less chance the judge will start the hearing thinking you just disrespected the court. Good luck!

Posted

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.

Jasen Nielsen

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Posted

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

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Asker

Posted

All I know is my lawyer said he would call me if I had to go. And he hasnt

Asker

Posted

All I know is my lawyer said he would call me if I had to go. And he hasnt

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