When yopu go to court and plead not guilty....what happens next? How long before the next court date? Is that when the DA will try to make a deal? ANY INFORMATION will help!!!
2006-09-01 06:34:54 · 6 answers · asked by carebarri 2 in Politics & Government ➔ Law & Ethics
Also....if I can't afford my attorney to go to trial, Will I personally have the right to supoena witnesses and defend myself.....?
2006-09-01 06:45:03 · update #1
What is the person who is a witness is a gas station attendant? I was arrested in January....how would I need to go about finding this person?
2006-09-01 11:39:20 · update #2
First of all if you cannot afford an attorney discuss this with the local public defender's office. If you meet the income standards you will be given an attorney. If you do not meet the guidelines you might contact your local law school, most of them have attorneys available on a sliding fee scale. You local bar association is another good source for referrals.
As for after arraignment, it depends on what occurred in the arraignment hearing. Frequently they will offer a plea bargain at this appearance. If you have a plea agreement pending you generally have 30 days to decide upon it. Either way the next appearance will be in about 30 days. If you accept the plea then you will then be set for sentencing (again about 30) days later. So sentencing would be about 60 days after arraignment.
If you choose to continue for a trial (jury or bench) then at the settlement conference you would set the trial date. Trial dates are generally 60-90 after this hearing, Most courts requirement a final trial management conference about a week before trial. There may be additional hearings if you wish to change your plea, your attorney, etc.
Hope this helps. Good luck
2006-09-01 11:07:57 · answer #1 · answered by NoJail4You 4 · 0⤊ 0⤋
Where I work you have a right to a "speedy trial" so there are limits on how far out your trial date can be set.
If you plead not guilty then normally your next date would be for a TMC or trial management conference, sometimes called a pretrial or preliminary conference. At that appearance, the prosecutor again tries to settle your case with an offer to you or in some cases the charges are dropped and the case dismissed if the prosecution sees they don't have enough evidence to go forward.The courts issue subpoenas so if you need to compel someone to testify on your behalf, that is done by court order, you don't need an attorney for that, but representing yourself is rarely a good idea since judges hold you to the same standard as they do the attorneys and most non attorneys tend to turn their cross examinations into testimony by incorrectly phrasing their questions.
Look for legal aid or other bar association attorney referrals to get some solid advice that applies to your actual situation, this question posted here is too vague to net you information that would be spot-on for your case.
2006-09-01 14:23:35 · answer #2 · answered by ? 6 · 0⤊ 0⤋
The trial date will depend upon your local procedure and how crowded the court's docket is. Also, it's likely that the judge will take into account the nature of the charges and the complexity of the facts in determining when to set trial. There is no set rule for this.
Depending on the charges, you may be entitled to a court-appointed lawyer at state expense. This is generally not available unless you face a loss of personal liberty (i.e. jail time) as a penalty. If you can't afford an attorney, you need to ask for one to be appointed for you. However, be aware that you will need to be able to submit financial data to support your claim to indigency. The court is not required to simply take your word for it. If you are not eligible for a court-appointed attorney and can't afford to pay one, you do have the right to defend yourself, but I wouldn't recommend it. Depending on what court you are in, complex rules of procedure and evidence may apply, and you may find you are out of your depth very quickly.
2006-09-01 14:04:17 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Depends on local procedure. Typically a trial date will be set. Between arraignment & trial the defense attorneys will investigate the case, file any appropriate motions to challenge the indictment/information or to exclude evidence or seek dismissal & prepare their evidence for trial. The prosecutor will prepare its case for trial, and, if there is a possibility of a plea bargain, the attorneys will discuss that.
2006-09-01 13:40:33 · answer #4 · answered by Anonymous · 0⤊ 0⤋
It depends on the case. Some cases go to trial quickly, some take months, depending on complexity. Your lawyer will explain what the procedure is for that particular court, as well as your options at each stage.
2006-09-01 13:37:04 · answer #5 · answered by coragryph 7 · 0⤊ 0⤋
It's usually 30-60 days before the next hearing. If a deal is to be made, the DA will likely approach you afterward.
2006-09-01 13:36:13 · answer #6 · answered by Inquisitor-2006 5 · 0⤊ 0⤋