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I have an arraignment coming up next week. I was told that they just want to here guilty or not guilty. I am guilty and I told the investigator that I was. However, I will not be able to speak to my lawyer until after that time. Should I still just plea guilty? I know this may sound stupid, but I've NEVER been in any kind of trouble before and I'm confused and scared so any help would be appreciated. Serious answers only and no insults!!! Thanks a bunch!!!

2007-01-17 09:13:22 · 10 answers · asked by melissa_marie45 3 in Politics & Government Law Enforcement & Police

I don't know why I can't talk to my lawyer. That's what the lady at the D.A.'s office told me. She said he would be present that day.

2007-01-17 11:46:35 · update #1

I'm located in G.A. and its a felony charge - if that helps.

2007-01-17 11:48:37 · update #2

10 answers

I am a police detective. The purpose of the arraignment is technically to hear what you will plea will be either guilty or not guilty. You didnt mention what state you are in and I assume that since you cant see your lawyer after the arraignment means you have a public defender. If that is not the case and you cant afford a lawyer, you need to contact the public defender's office.

Anyway, regardless of what you feel your guilt is, at the arraignment, attorney or not, your plea should be "not guilty." The judge will then set a trial date, usually a couple of months away depending on the seriousness of the charge which again you didnt mention. If your charge is a felony, then ask for an O.R. bond or OWN RECOGNIZANCE which means you can stay out of jail until trial. If your charge is a misdemeanor this wont be necessary.

This will give you time to A., get your attorney, B., Have the attorney get all the facts through "discovery" and C., hopefully if needed cut a favorable deal for you. You said you have never been in trouble before. If this is a misdemeanor charge, at most you will get a slap on the wrist, no jail, maybe probation. Even if it is a felony, having no record means jail is highly unlikely unless this is a serious felony. Seeing how you arent in jail, I assume this is a misdemeanor or a low felony charge.

Plead not guilty. Get your attorney either by hiring one or through the public defenders office. Cut a deal if necessary if you are guilty. Who knows, your attorney may find a flaw in the case that could get you off or get the charge greatly reduced. Either way I wouldnt be too worried about it. You are worried because you have never been in trouble before and have never been in the system. That is understandable. Get your attorney and let them work for you. Once again not knowing the charge hinders my advice some but it seems to me you probably will be just fine.

PSS. I saw your additional info that it is a felony and in Georgia. Call the public defenders office if you cant afford a lawyer. The D.A.s office cannot stop you from seeing a lawyer. They probably meant you wouldnt be seeing your public defender until the day of the arraignment. That is not unusual. You plea not guilty and then you and the attorney will hash out what happened and what the plan of action is. If you can afford an attorney, get one now.

2007-01-17 11:43:53 · answer #1 · answered by Chris H 3 · 2 0

I don't know much about Georgia law, but I can tell you that you need to stop talking to everyone now. Never, ever, ever, ever speak to cops. Cops aren't that bright, but they are good at getting information out of the people, so you should not have confessed. Maybe there is enough information to convict you without your confession. Maybe not. Who knows? But your attorney needs to take a look at the police report and talk to you and then you can make a decision as to what to do.

But you won't be appointed an attorney until the arraignment. If you are appointed the public defendant, the arraignment attorney may not be the one who is actually assigned to your case, so your actual attorney may not be able to speak with you for a few days.

KEEP QUIET UNTIL THEN.

At the arraignment, the judge will ask you a few questions like can you afford an attorney and do you want an attorney. You answer that you cannot afford an attorney (you can always get a private one later). You also say that you do want an attorney. You say that you are who you say your are and you don't say anything else until you speak to your attorney. The DA is not your attorney and will do everything he or she can to convict you.

You may be asked if you want to plead guilty or not guilty. Plead "NOT GUILTY."

YOU DO NOT WANT TO PLEAD GUILTY. Most DAs will over plead your case and won't have a plea bargain for you at the arraignment (although they sometimes have a plea bargain in larger counties at the arraignment). As such, you don't want to plea to what you are charged with, because your attorney will work a deal for you, which will cut out some of the charges and will ensure that you get the least amount of time that he can.

If you plead guilty at the arraignment and there is no offer, you are what they call "pleading to the sheet." That means that you are pleading guilty with no promise for probation or anything. You could be sentenced to the maximum or something less. You don't know. It's a stupid thing to do. Don't do it. Your attorney will know what you should plead to and what you shouldn't plead to and whether or not you should go to trial. Even if you have "confessed," perhaps the confession doesn't jive with the evidence or perhaps the confession was taken in violation of your Miranda rights. You don't know that yet. Let your attorney figure it out.

In summary: You will be appointed an attorney at the arraignment. Plead not guilty (many jurisdictions let the attorney plead not guilty for you). Speak with your attorney and let him make recommendations and educate you on the law. Once educated, you can make a decision as to whether to plead or not and you will feel far less overwhelmed. Also, don't talk to anyone but your attorney and your attorney's investigator (and other staff). Don't talk to the DA ever. Good luck.

2007-01-17 16:21:18 · answer #2 · answered by Erik B 3 · 1 1

I have been a police officer for 11 years, going on 4 as a detective. Here's my advice.

NEVER, NEVER, NEVER plead guilty at arraignment. I don't care if you are on video committing the crime, confessed to the police and were found with the proverbial "body" in your car. Pleading guilty at arraignment takes away the bargaining, plea deals, etc that a lawyer can work out for you.

Second, in spite of what some people tell you, cops are often very bright and are very good at doing their jobs. More and more, cops are college educated and receive years of ongoing, specialized training in getting confessions from people.

As a police officer, I would never tell you to not talk to the cops. Where I work, cooperating with the authorities once you are caught weighs heavily in how severely the courts punish you at the time of conviction. If you find yourself in trouble weigh out your options carefully. Understand that, by the time the police are interviewing you, they likely have enough evidence to arrest you already and will take any little lie and paint you as a liar to the courts and jury. This DOES NOT look good if you end up in trial.

Good Luck!

2007-01-17 18:05:21 · answer #3 · answered by James P 4 · 1 1

Plead not guilty. Why can't you speak to your lawyer before then?

Well, it doesn't matter. If you plead not guilty, it'll give you time to speak to your attorney. They should be able to take it from there.

You don't want to plead guilty first. It decreases your leverage. It's also really hard to change a "guilty" plea into a "not guilty" plea.

2007-01-17 10:28:57 · answer #4 · answered by Linkin 7 · 1 0

If you are represented by an attorney...the attorney should be present during your arraignment. If the attorney can't make the time scheduled, he/she should have your case continued.

Only other option would be plead "Not Guilty" and hire a better attorney!

Best wishes!

2007-01-17 09:18:55 · answer #5 · answered by KC V ™ 7 · 1 0

enter not guilty. guilty is the same as if the jury found you to be. go with not guilty, you can hatch it out with the lawyer, and may be able get you a better deal (lesser crime and/or penalty) to plead to, if you are guilty

2007-01-17 14:58:49 · answer #6 · answered by Jen 5 · 0 0

You need not enter any plea until you speak with a lawyer..those are the rules. So clam up and ask for help.

2007-01-17 09:20:46 · answer #7 · answered by Anonymous · 1 0

Always enter a not guilty plea.

2007-01-17 11:55:44 · answer #8 · answered by littlepurpledragon77 2 · 1 0

power of criminal professional isn't adequate. till the different woman has a court docket order of guardianship, you r mom continues to be the in common words criminal individual who can answer for you. even as do you turn 18, also you want to make certain the age of emancipation( i imagine it truly is the way you spell it). you may bypass to court docket in some states and ask the court docket to launch you from her custody and then you're criminal to respond to for your self. good success...

2016-10-15 09:17:18 · answer #9 · answered by carris 4 · 0 0

if u did the crime then do the time.

2007-01-17 09:24:33 · answer #10 · answered by sexytonia101 2 · 0 4

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