Wife has one tomorrow. I told her to try get a public defender before she goes. She hasn't done it. What is she in for?
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Wife has one tomorrow. I told her to try get a public defender before she goes. She hasn't done it. What is she in for?
An arraignment hearing is a hearing at which the defendant is informed of the charges and bail - if not already provided - is discussed.
Criminal matters that involve any chance of jail time really need an attorney. If you are not indigent, you won't get a public defender. She needs to call an attorney today.
She will also need to enter a plea.Quote:
Originally Posted by spqrzilla
It's a hearing before her court date. You she is told and informed of her charges. They will establish her identity.. She is also informed of her rights and they may want her to enter a plea.. Not sure
Beat me to it
First appearance, informed of charges.
Free attorneys - You get what you pay for.
If you are guilty and don't want to spend the money, see if you can't arrange a favorable plea with the prosecutor. They normally want to settle quickly, as long as they can get a conviction.
She has not even went and got the police report. She doesn't even know what happened because she was to drunk. God I am glad we are split up.
Failure to deal intelligently with criminal charges means she's gonna get hosed.Quote:
Originally Posted by Sparky
She needs to get an an attorney now.
This is for a resisting arrest charge and interfering with a public official. She never went to jail just detox. Will they set bail? Or will she even have a bail?
You should get a copy of it for divorce proceedings :)Quote:
Originally Posted by Sparky
Can I do that?Quote:
Originally Posted by Monky
Unless she's clearly a harm to herself or others or a threat of taking off, bail is typically granted and can range anywhere from a promisary signature to return for her hearing up to serious amounts of money. It all depends on many factors.
Arrest/incident reports are public knowledge. Unless sealed. It's how we always know when celebrities do bad stuff.Quote:
Originally Posted by Sparky
If you want to PM me her name I'll see what I can dig up if anything has been filed.
PM sentQuote:
Originally Posted by Monky
The initial responses are correct that the arraignment is advising of charges and entering a plea of guilty or not guilty. She should get a lawyer if the punishment sought is severe, ie jail.
If you are still married, be wary of being stuck on the hook for her fines, or any other financial obligation. If she is not in custody then the bail is probably low or nothing.
You may be able to use facts from this proceeding in your divorce, but it may only be relevant to child custody. Of course the flip side is she may claim being a drunk is a disability, she cannot work and you should support her. Thus, be careful and get a lawyer yourself.
Our caseworker at DHS knows nothing about it yet. I wonder if I should let her know. Shouldn't hurt me in any way.
If she went to detox, she received a summons along the way there. She was released to the custody of the detox on her signature on the summons, so no bail required and it usually is a cold day in hell if the judge will order it after the fact on a misdemeanor.
As others have said, she will go and hear the charges against her (on the summons) and meet with the ADA for a preliminary meeting (plea bargains are usually discussed here). She then can: 1). plead not guilty and set the matter for trial; 2). plead guilty to either the original or amended (plea bargained) charges; or 3). request a continuation of the hearing in order to consult with an attorney prior to making a plea.
You can get a copy of the police report if you wish for your own read and potential use for divorce/custody issues. All closed cases are available for public record.
Good luck to you.
Good luck with that wish your wife the best!!!
Quote:
Originally Posted by OneGuy67
One guy nailed it....also if she is looking at time and trying to delay it going in without a lawyer is the way to go because the judge will almost always grant a continuence so you can go find one
or the judge will say "you need an attorney, show up with one, if not, here is one for you... public defender." A lot of times the judge knows you should have an attorney and will make decisions for you. But sometimes not.
Famous last words when dealing with DHS. NEVER trust them.Quote:
Originally Posted by Sparky
being too loaded to remember means squat in court. Been there, done that. All it did is cause me to take an alcohol class that wasted my time, money, and was in there with the dregs of society. Did learn a lesson though.
She may be really screwed. On of the charges is Obstructing government operations.
18-8-102. Obstructing government operations.
(1) A person commits obstructing government operations if he intentionally obstructs, impairs, or hinders the
performance of a governmental function by a public servant, by using or threatening to use violence, force, or physical
interference or obstacle.
(2) It shall be an affirmative defense that:
(a) The obstruction, impairment, or hindrance was of unlawful action by a public servant; or
(b) The obstruction, impairment, or hindrance was of the making of an arrest; or
(c) The obstruction, impairment, or hindrance of a governmental function was by lawful activities in connection with a
labor dispute with the government.
(3) Obstructing government operations is a class 3 misdemeanor.
Looks like the resisting arrest is more serious.
Or it could be something as simple as one of her friends was being arrested for something and she tried to interfere with it and then she was told she was also being arrested and she didn't go quietly into the night. Dealing with drunks gets old fast for a cop.Quote:
Originally Posted by Sparky
Both are misdemeanors and alcohol related. The DA will most likely provide a plea bargain that requires some sort of alcohol awareness class, as colorider mentioned, some community service, some probation and some fines. Life goes on.
Nope just found out she kicked a cop. lolQuote:
Originally Posted by OneGuy67
Excellent character.Quote:
Originally Posted by Sparky
Does that make this a "cop bashing" thread? [ROFL1]Quote:
Originally Posted by Sparky
If she did it, or it is more likely than not, the cheapest option is take the best deal she can get from the DA, which will be the first deal they offer. Sometimes when the victim is not a cop you can stretch the proceedings out long enough that the victim is no longer willing to take time off for yet one more court appearance. Once the victim goes south, the prosecutor will drop the charges and it all goes away. Cops make great victims for prosecutors. Not only do they get paid to show up, often they are making time and a half to be there.
I hope it works out for you. The wheels of justice are slow, but the grind everything in their path.