This is the first time I have ever been involved with this, and my ex-husband has done this many times with his new wife's ex-husband. (they fight all the time)
I have filed five contempt charges on my ex for neglect and interfereing with my communication with my children while they were at his house for summer visitation.
My attorney says I do not have to be at the arraignment. Is this true?
My ex is flying in from across the country to be there. We are not aware of an attorney to represent him at this time and the arraignment is on this Tuesday. Less than 48 hours.
I am so ignorant on this topic: If you have knowledge and/or experience please tell me:
1. Does it look better to the judge if I am present at the arraignment?
2. If my ex has representation, how long before the arraignment does his attorney have to make himself/herself known?
3. If my ex is his own counsel, how is that viewed by the court?
Any other advice would be greatly appreciated!!
2007-09-23 14:57:35 · 4 answers · asked by me_just_me 2 in Politics & Government ➔ Law & Ethics
There is no need for you to be at the arraignment and your presence would not even be noticed. This is only an arraignment and you have no role. Your ex will likely see his attorney for the 1st time moments before the arraignment. If he decides to represent himself, he will be discouraged by the judge. If he does so anyway. he will be viewed as an idiot by the judge. If he appears pro se, he still has to follow the Rules of Criminal Procedure and the Rules of Evidence. However, if it is convenient for you to go to court, you should consider doing so to understand the process. The arraignment will be quick, but you might have an opportunity to gauge the Judge. He/she may also have some sentencings tomorrow so you might learn whether or not you drew a tough judge. It's also a chance to visit with your lawyer and, maybe, hear your ex's defenses.
2007-09-23 15:13:42 · answer #1 · answered by David M 7 · 0⤊ 1⤋
An arraignment is when someone is notified of the charges against them, and the possible punishments (or sentence) for those offenses.
In the case of contempt -- it's basically the court imposing a punishment for violation of the court order -- the first step is to inform the person that the court believes them to have violated the order -- after that (either at the same hearing, or later) the person has a chance to convince the court that they really didn't violate the court order, or that they had a good reason and thus should not be punished for doing so.
Your attorney is probably correct -- if it is just the arraignment (and the actual contempt hearing is going to be later) then you do not have to be there -- the arraignment itself is just the notice to the person of the potential consequences.
As for being pro se (for himself) rather than an attorney -- and notice if an attorney will be representing him -- those are based on the local rules of the court and the attitude of the particular judge. It also matters whether he is saying "yes, I broke the rules, but had a good reason" or "yes, I broke the rules, I'm sorry" or "no, I didn't break the rules" -- and that too varies.
2007-09-23 15:06:18 · answer #2 · answered by coragryph 7 · 0⤊ 0⤋
"The purpose of the arraignment is to inform the accused of the charge and give [him or] her an opportunity to plead to it either by plea or demurrer, or move to set it aside." (People v. Carter (1966) 245 Cal.App.2d 48, 50.) This means that defendant
2015-05-03 06:47:36 · answer #3 · answered by Hugh 1 · 0⤊ 0⤋
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2016-10-09 17:45:10 · answer #4 · answered by ? 4 · 0⤊ 0⤋