Do I need a attorney at my arraingment for an assault charge? 59 Answers as of October 05, 2011

You can appear and ask for more time to hire a lawyer, or if you are indigent, poor enough to qualify, ask for the appointment of a public defender to represent you. In any case, if the judge denies you a continuance or refuses to appoint a PD, plead not guilty, you can always change the plea if a deal is worked out later. If you are not guilty, hire an attorney between the time of arraignment and trial.

At your arraignment you will be told the charges against you and your rights. One of the rights is to have an attorney represent you. If you do not plead 'not guilty' you will be asked if you want the Public Attorney or if you would like to hire an attorney. If you want to hire an attorney the judge will ask you how much time you need to do that. The case will then be put over to the date you and the court agree on. You should never go to court without an attorney. If you do as I say you can get by at the arraignment.

Your arraignment will likely be handled by an attorney from the public defender agency in your county. You will then be screened to see if you qualify for a public defender.

You don't need an attorney at your arraignment but you should probably have one. At your arraignment if you can't afford to hire a lawyer then you should apply for the public defender.

Is the charge felony assault or misdemeanor assault? Has bail been posted? One potential option is to appear yourself at the arraignment and ask for a continuance or a delay to retain counsel. Most courts will give a week or two. However if it is a felony case I don't recommend that. Consult a local criminal defense attorney in your area.

You can enter a plea on your own, a not guilty plea is the best approach. At the hearing the judge will ask you if you have an attorney and if you say no and want a public defender he might ask you about your income. At that point if you qualify for a public defender one will be appointed. If you do not want a public defender or cannot qualify for one the court will continue and give you a short period of time to retain private counsel. Many make the mistake of waiting to long to hire an attorney, the court will not grant you more time when it feels you had adequate time to find a lawyer. Find an attorney that will except payments.

An arraignment is simply a court appearance at which you have the right to have the charges against you read out loud before which you would formally enter a plea of "not guilty". It is not absolutely necessary for you to have an attorney at your arraignment. However, it sounds like you will need to hire an attorney to represent you in this case.

You can get the Public Defender if you can't afford an attorney. If you make too much money for the PD, you could represent yourself at an arraignment. It's simply to enter a plea of not guilty. After that, however, you really need an attorney's advice.

You are always better off having an attorney with you than not having one. However, an arraignment is not the most critical hearing in the process.

It is good to have an attorney from the start of any criminal action. If you show up without an attorney, the prosecutor could take advantage of you by making a plea offer you think is good, like a small fine if you plead guilty, but afterward you find out that you have a criminal record which stays with you permanently and can effect future employment. If you go alone, do not take any plea offers at arraignment. Afterwards you should consult with a lawyer.

You could go to your arraignment without an attorney and tell the court you are in the process of hiring an attorney. Many judges will give you additional time to find a lawyer and then come back with counsel.

Greetings, Yes, an attorney is always a benefit to your case. Plus, if you are going to use a lawyer, then get them involved as soon as possible. If you do not qualify for a public defender then look into county programs that offer representation at reduced fee.

You should never face a criminal charge without an attorney. The Court will likely continue your case to allow you to obtain an attorney. If you cannot afford an attorney, the Court must appoint one for you if you face the possibility of going to jail, e.g., a misdemeanor or felony. However, at the end of your case, you may be required to pay a small amount to cover the appointed attorney's costs, depending on your financial situation.

It is strongly advised you hire an attorney to help you navigate the complicated legal process and protect your rights.

Yes. If you can't afford one, a public defender will be appointed. You can usually ask for a continuance to obtain a private lawyer. Most courts will give you two weeks to find a lawyer.

No but you should plead NOT guilty and plan on getting an attorney. I would not suggest that you get into talking with anybody in the court (read prosecutor) without one.

You can ask the court to appoint an attorney when you appear. If the court thinks you do not have the resources, it will appoint one. If not you can ask for a reasonable time to hire counsel

Assault charges can result in jail time, firearm prohibition, and many other future and collateral consequences so it is strongly recommended that you have representation to protect yourself.

You need a criminal attorney. An attorney can spot weaknesses in the case that you would never see and knows how to navigate the system and comply with all procedures. Also, the prosecutor will probably not speak with you directly so no plea bargaining will happen unless you have a lawyer.

Assault charges can range from misdemeanor charges up to felonies facing 25 years in jail. The arraignment is a crucial stage because the judge determines how much bail will be set so you can stay out of jail while you fight the charges. Hiring an attorney may be cheaper than paying high bail money if the charges are serious, the injuries severe or if you have a prior criminal history or have a bench warrant history. Most lawyers accept credit cards as payment which may help.

Then get the Public Defender and if you like him/her keep them. If you don't like them and do get some bucks you can always bring in a new private attorney. It is NEVER a good idea to go to any court proceeding without representation.

You will have an attorney appointed if you are indigent. Life is about making good decisions. You must refrain from getting arrested because it is very hard to get a good job with a criminal conviction.

If you plan on hiring an attorney, it is best to have one from the beginning as it puts him in a better position for achieving a disposition of your case. If you really cannot afford an attorney, you can ask the judge hearing your case to consider appointing the public defender for you. Please understand that answering this doesn't create an attorney/client relationship between us, and as hard as I try to answer your question well, it isn't legal advice. No matter how much information you put into a question, the answers you are going to get are still going to be vague. It is in your interest to contact a lawyer, most of whom will do a free consultation. Even 15 minutes with a lawyer is going to produce a more specific answer to your problem.

Sooner or later you are going to need to hire an attorney or request a court appointed attorney if you qualify financially.

ALWAYS better to have COMPETENT counsel. Interview a few and court has list of attorneys that are reasonable in their fees.

It is always a good idea to bring an attorney to court, even if in the early stages such as an arraignment. Too often people think they can "explain their way out" of charges by simply "telling their side" to the prosecutor or judge. In doing this, people often make incriminating statements that can later be used against them at trial. This may not be your intention but it happens frequently and inadvertently. If you cannot afford a private lawyer I recommend applying for the services of the public defender.

No. Go to court and ask for a two week continuance to retain and return with counsel. If you can't afford a lawyer, you should apply for a public defender at your arraignment and see if you qualify.

If you are so tight on money that you cannot afford an attorney you will be told to be screened to determine if one will be appointed for you. So long as you say Not Guilty you'll be mostly fine, but if the state is seeking bail conditions other than standard ones, you'll be wanting to have an attorney for sure. Definitely get an attorney for all criminal charges. If you absolutely cannot afford one then one may be appointed to represent you on the taxpayer's dime.

An assault charge is always serious. A fifth degree assault, is a misdemeanor and requires that he prosecution prove that the defendant commits an act to cause fear of immediate bodily harm or intentionally inflicts bodily harm. It is punishable by up to 90 days in jail and a $1000 fine. In addition, an assault conviction also has broad ranging collateral consequences. As a result, it is extremely important to protect your public and criminal record. First, if convicted of a second degree assault or any assault offense, employers who require a background check will not hire you. That is particularly true if you work closely with customers or in some other service oriented profession. Second, many landlords now perform background checks for applicants and, if you decide to rent, you may be denied an apartment with a crime of violence such as an assault on your record. Third, a conviction for assault may result in licensing problems for certain occupations or interfere with acceptance into some schools of higher learning.Finally, it is also compelling that a non-citizen may suffer deportation and, even a citizen would lose their right to possess a weapon, even for hunting purposes, after a conviction. Often, the best defense is a good offense. In most instances, an argument for self defense or defense of others may be made and Motions should be served to acquire all statements and medical records from the prosecution.

If you are charged with a felony assault then that is a serious crime. If you do not make sufficient money per the court schedule, the court will appoint you a public defender. If you are charged with misdemeanor assault, the court will likely allow you to represent yourself. Depending on the person assaulted whether it was a bar fight or a spouse, for example, there is a difference in the way the prosecution is handled. It is possible that if you have an attorney who can look at the charges and do an investigation, you may find that charges could be dismissed or reduced to simple disturbing the peace charges. If you represent yourself at arraignment and plead guilty, there is nothing anyone can do for you, and you will not have even seen the police report.

Just tell the Judge you are tight and need more time to hire an attorney. You may even qualify for a court appointed attorney. Whatever you do, don't plead guilty and don't discuss the facts of the case with anyone unless it's your attorney.

If you are that broke, you may qualify for a public defender. Otherwise, you will need an attorney after the arraignment and most lawyers represent you all the way from arraignment to sentencing if you are convicted. One can't really look at arraignment as a single event. It is a step in a process. If you don't have a lawyer, plead not guilty and keep pleading not guilty. However, you would not attempt brain surgery on a friend and I wouldn't represent myself if I were charged with a crime.

Just make sure that you plead "not guilty" at your arraignment because otherwise you lose all opportunity to plea bargain your case. An attorney at your arraignment isn't really essential. You would only need an attorney at your arraignment if it makes you more comfortable or there is some bond issue that needs to be addressed with the judge. Without knowing more about your case I don't really know if that is the case or not. You should be able to call a local criminal attorney in your area and they can give you a better answer.

Many criminal defendants have not had an opportunity to retain an attorney before an arraignment, so it isn't crucial to have one. Additionally, one of the first things you will do you get to the court room is speak with probation who will determine if you qualify for court a court appointed attorney due to your income level. Nonetheless, it is never a bad idea to have an attorney get involved as soon as possible to ensure you can mount the best defense possible. You can try calling a local bar association like the Boston Bar Association or the National Lawyers Guild. They can refer you to attorneys who can provide services at a reduced rate.

There will be a public defender at the arraignment to assist you. If you can't afford an attorney, asked to be screened for a court appointed attorney.

Ask the court to appoint a public defender. You should be okay.

No, you surely can go to the arraignment and plead 'not guilty', but what are you going to do 45 days from the arraignment at calendar call, when the judge asks you are you ready for trial. You certainly will need an attorney then. Of course you don't know that you have ten days after the arraignment to file pre-trial motions, which might get the case dismissed. Therefore, my recommendation would be to retain an attorney as soon as possible. That advice might go unheeded since you have been out of jail for months and you are waiting until a week before arraignment to go on-line and make some inquiries.

Go there without an attorney. Ask the judge to continue so you can hire a lawyer. Unless you qualify for the public defender, you're going to need a lawyer eventually.

No, you do not need an attorney for your arraignment. You can enter a not guilty plea and either ask for time to hire an attorney or ask for a court appointed attorney. However, I would recommend that you do not talk about the facts of the case while in court until you have had the opportunity to talk to an attorney.

Probably not. At the arraignment you get a copy of the charges against you, an indictment, probably, enter a not-guilty plea, and have the next date set. It is possible that you will be arrested at arraignment especially if the charges after arraignment are more serious than the preliminary charges set by the police. The court might appoint a public defender for you at arraignment.

You absolutely need a lawyer. If you cannot afford to hire one to appear on your behalf and you'll never know if you can or not until you sit down, discuss your case and fees, you will have to show up and you can then request the services of the public defender. You could face a restraining order being issued at the very first appearance. Your attorney may be able to diffuse that if they're prepared. If convicted of assault, you potentially face probation, jail time, a 10 year ban on possession of a firearm and a criminal conviction on your record indefinitely. Don't go this alone. Either hire a lawyer or request a public defender.

You can attend the arraignment without counsel. The Judge will ask if you want a public defender and if so are you indigent or are you able to retain counsel on your own.

Attorney at arraignment for assault charge (California) It is always advisable to have an attorney by your side where the outcome of your case could result in you being placed in jail. However, if you cannot afford to hire an attorney, as long as you qualify, financially, you may be eligible for the assistance of a public defender. When you go to court, either the bailiff or the clerk will confirm you are on the court's calendar, and then they will ask you if you would like the assistance of a public defender. This is a much better option that choosing to represent yourself. If you later don't feel comfortable with the public defender assigned to your case, you always have the right to go out and hire an attorney of your choosing.

It is always best to have an attorney in a criminal matter because criminal matters can mean jail time and convictions. You mention the charge of assault, but you don't tell me whether or not it is a felony charge. You also do not mention whether you have a prior criminal history. All of these issues may impact what goes on at arraignment. If you have no money, then you may qualify for a public defender. This issue can be explored at arraignment. There will also be public defenders at the arraignment who can help you through the arraignment process.

No. You can go in and see what the Court or DA will offer you if you wish to plead guilty. If you don't like it, you can ask the Judge for a few weeks to find an attorney. They will almost always give it to you.

It is always best to get an attorney to ensure you get the best representation, even on a minor charge. You might be able to get a dismissal or a diversion with an attorney who knows the system better than you would as a layperson.

You should always use an attorney. Sometimes attorney's can get you a better deal, even a dismissal at arraignment.

Ask the Court to reset your arraignment to give you more time to hire an attorney.

If it is your first appearance, then you can appear without a lawyer and ask for a reset to hire a lawyer. The length of the reset depends on the court's rules. You should contact 3 to 5 lawyers about the case over the phone and then make an appointment with at least two to determine how you should proceed.