Public Defender

[reignman55]

What is the name of your state (only U.S. law)? CA

My arraignment is tommorow for simple assault and battery misdemeanor.

My first question is if this is true, "A court-appointed lawyer is available only if the charge is one for which jail time is possible."

My second question is "If you plead not guilty, the judge asks if you want a court trial or a jury trial." SHOULD I CHOOSE COURT OR JURY?

[CdwJava]

Originally Posted by reignman55

My first question is if this is true, "A court-appointed lawyer is available only if the charge is one for which jail time is possible."

Generally, yes. And since PC 242 (battery) has the possibility of jail time attached to it, you should be eligible for a public defender if you lack sufficient means to secure one yourself.

My second question is "If you plead not guilty, the judge asks if you want a court trial or a jury trial." SHOULD I CHOOSE COURT OR JURY?

There are advantages to each. Wait until you have consulted an attorney before answering that one. I do not believe you have to make that decision at arraignment.

- Carl

[reignman55]

What kind of proof do I need to show that I can't afford a lawyer.

[CdwJava]

Originally Posted by reignman55

What kind of proof do I need to show that I can't afford a lawyer.

That will depend upon the court. Usually you will be asked to fill out a form that might include some financial and asset information. It varies by county.

- Carl