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  • California Informal Arraignment By Attorney (Counter Arraignment)

California Informal Arraignment By Attorney (Counter Arraignment)

Category:
Local County - Kern - Criminal
State:
California
Control #:
CA-A0012
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Informal Arraignment By Attorney (Counter Arraignment)
California Informal Arraignment By Attorney (Counter Arraignment) is an arraignment where a defendant’s attorney is present and requests that the court set a preliminary hearing date. The attorney and prosecutor negotiate and agree on the date and other terms of the arraignment, including the charges, bail, and conditions of release. This type of arraignment is often used when the defendant does not wish to appear in court for their arraignment or when the prosecutor and defense attorney agree to waive the formal arraignment. There are three types of California Informal Arraignment By Attorney (Counter Arraignment): (1) Out-of-Custody Arraignment, (2) In-Custody Arraignment, and (3) Bail Arraignment. Out-of-Custody Arraignment is an arraignment where the defendant is not in custody and their attorney attends the arraignment in lieu of the defendant. In-Custody Arraignment is an arraignment where the defendant is in custody and their attorney attends the arraignment in lieu of the defendant. Bail Arraignment is an arraignment where the defendant is in custody and their attorney attends the arraignment to negotiate the amount of bail.

California Informal Arraignment By Attorney (Counter Arraignment) is an arraignment where a defendant’s attorney is present and requests that the court set a preliminary hearing date. The attorney and prosecutor negotiate and agree on the date and other terms of the arraignment, including the charges, bail, and conditions of release. This type of arraignment is often used when the defendant does not wish to appear in court for their arraignment or when the prosecutor and defense attorney agree to waive the formal arraignment. There are three types of California Informal Arraignment By Attorney (Counter Arraignment): (1) Out-of-Custody Arraignment, (2) In-Custody Arraignment, and (3) Bail Arraignment. Out-of-Custody Arraignment is an arraignment where the defendant is not in custody and their attorney attends the arraignment in lieu of the defendant. In-Custody Arraignment is an arraignment where the defendant is in custody and their attorney attends the arraignment in lieu of the defendant. Bail Arraignment is an arraignment where the defendant is in custody and their attorney attends the arraignment to negotiate the amount of bail.

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FAQ

Yes, you can request a court-appointed attorney before your California Informal Arraignment By Attorney (Counter Arraignment). In most cases, if you demonstrate financial need, the court can assign an attorney to assist you early in the process. Having legal representation is crucial, as an attorney can help you understand your rights and options. If you face challenges in securing an attorney, consider using platforms like USLegalForms to guide you through the appointment process and ensure you receive the support you need.

In California, the law requires that you be arraigned within 48 hours of your arrest, not counting weekends and holidays. This timeline is critical because it ensures your right to a prompt legal hearing. During this arraignment, you can discuss options for your case, including the possibility of a California Informal Arraignment By Attorney (Counter Arraignment). Engaging an attorney can help you navigate this process effectively and ensure your legal rights are protected.

Typically, individuals do not go to jail just for being arraigned in California. However, if bail is not set or if the judge deems the individual a flight risk, that could lead to jail time. An attorney's representation during a California Informal Arraignment By Attorney (Counter Arraignment) can help mitigate such risks and address bail issues appropriately.

Yes, you can waive a formal arraignment in California under certain conditions. This means you can bypass the formal reading of charges if you choose to enter a plea directly through an attorney. Waiving this step may simplify the process and can be strategic in your case. A California Informal Arraignment By Attorney (Counter Arraignment) can facilitate this waiver effectively.

In California, charges can sometimes be dropped at an arraignment hearing, depending on the circumstances of the case. This typically happens when evidence is insufficient or if the prosecution finds that the charges are not warranted. However, an attorney's expertise can greatly influence this outcome. Engaging in a California Informal Arraignment By Attorney (Counter Arraignment) can help you present your case effectively.

California Penal Code § 825 provides that an accused ?shall in all cases be taken before the magistrate without unnecessary delay, and, in any event, within 48 hours after his or her arrest, excluding Sundays and holidays.?

California Penal Code § 825 PC requires that in-custody defendants be arraigned before a judge either within 48 hours of an arrest, or on the next date thereafter that court is in session. While defendants are in custody following an arrest, law enforcement officers must allow visits with defense attorneys.

A defendant can post bail prior to his/her first court appearance, or have bail set at the arraignment. A defendant may also seek bail after a conviction is entered to secure a release until sentencing occurs. In misdemeanor cases, post-conviction bail is still considered a right under Pen C 1271 (1)-(2).

In California, someone held in custody must be charged or released within 48 hours of their arrest. Weekends, court holidays, and mandatory court closure days do not count against the 48 hours.

Arraignment Process In California Criminal Courts The first stage in the California criminal court process is the arraignment, the first hearing that follows the arrest, usually within 48 hours. If you are not taken to an arraignment within a reasonable amount of time, then the authorities must let you go.

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JUSTICE CENTER: Central - 700 Civic Center Dr. West, Santa Ana, CA 92701-4045. At the arraignment for trial, your lawyer may be given two things.An arraignment is a court proceeding at the beginning of the criminal process. In York County, the Formal Arraignment, contrary to its name, is handled informally. A town justice may not conduct a bedside arraignment of a defendant confined to a hospital outside the town he serves. At the arraignment, an attorney is appointed to represent the youth. At the arraignment, an attorney is appointed to represent the youth. Criminal courts conduct arraignments, criminal readiness, trials, motions, sentencing, probation hearings, and Mental Health proceedings. A pretrial conference (often referred to as a "PTC") is the next court date in a misdemeanor criminal case after the arraignment. Chapter 37 Arraignment .

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