Should I Have A Lawyer At My First Court Appearance or Arraignment?

Often I am asked by prospective clients whether they should have a lawyer representing them when they appear for their first court appearance. My usual response is “yes” and here’s why.

Your first criminal court appearance is generally referred to as an arraignment. At the arraignment the defendant is apprised of all of the charges against them. (Note, the charges for which a person is arrested are not the official charges. The official charges are not ordinarily known until that first court appearance/arraignment.) At the arraignment the defendant usually receives a written complaint specifying the charges and their date(s) of occurence. Also at the arraignment defendants with hired or retained attorneys will have those attorneys inform the court that they will be the attorney of record for the defendant. If the defendant cannot afford a private attorney, like Sacramento criminal defense lawyer Jonathan Turner, a public defender will be appointed.

There are several advantages however to having a private attorney at the arraignment. First, a private attorney can usually obtain discovery (i.e. the case police reports) from the DA at the arraignment and quickly make a copy of those documents and give them to his client. Otherwise, if may be weeks before the defendant ever gets a chance to review the police reports. Secondly, it is not uncommon for the prosecutor to request an increase in bail at the arraignment. If a judge agrees to this increase in bail, then the defendant will likely be taken into custody right there in court and stay in jail until they can come up with the increased bail amount. The best way to prevent this increase in bail from occurring is to have a prepared attorney by your side at the arraignment, like Sacramento DUI Attorney Jonathan Turner, to argue that bail should not be increased. Such pitches for increased bail are common especially in DUI cases where the defendant has prior DUIs on their record.

In sum, if you can afford to do so (Sacramento Felony and Misdemeanor Lawyer Jonathan Turner has fair and reasonable rates), it is in your best interest to have a retained attorney with you at your first court appearance/arraignment. If you have been arrested, contact Sacramento Domestic Violence Defense Lawyer Jonathan Turner for a free consultation.