I am on probation (no supervision) for GM theft. I was issued a citation for ($100.04) theft and will be going to court. Part of my probation is "no same or similiar".
What does Notice of Hearing - Arraignment mean? Am I going to have my probation revoked at this court hearing? Will I be going to jail? I cannot afford an attorney.... Please help....
DUI / DWI Attorney
The purpose of the hearing is to appear before the judge, be informed formally of the new charges against you and to let the judge know if you are pleading guilty or not guilty. However, sometimes people in your position, who are currently on probation, are also arrested at these hearings for violation of probation.A probation violation hearing would occur some time after that. If this is going to happen you will not be told in advance. If you qualify for an appointed lawyer, the court will appoint one at the arraignment or soon after.
Criminal Defense Attorney
I would agree with the prior answer. Make sure you appear in court but remember that you have a right to remain silent and that you carry a presumption of innocence with the new charges whereby the State has the burden of proving your guilt beyond a reasonable doubt. However, unlike your new charge of theft, the burden of proof for your alleged probation violation is different. As such, I suggest you seek legal counsel immediately to properly deal with both outstanding matters.
Disclaimer: This communication is not intended as legal advice, and no attorney client relationship results. Please consult your own attorney for legal advice. This is for entertainment purposes only.
Criminal Defense Attorney
Yes, that is possible. You could possibly be taken into custody at the "arraignment" or first appearance on a new charge which could amont to a violation of a condition of probation on a previous case. Though it is possible, it is also quite possible that you would not be taken into custody, and that the probation revocation matter might be set to tag along with the new charge. Most judges will want to know how the new charge turns out before revoking probation where the new charge is the only basis for possibly revoking probation.
An "arraignment" or First Appearance in a criminal case is to: (1) inform the accused of the criminal charge, including right to demand a written Complaint or have it read in court; (2) determine whether the accused will apply for the public defender, or bring private counsel; (3) set a future court date. Sometimes settlement possibilities are explored as well.