Home     Law Advice     Insurance Advice     Community    
Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
Go Back   FreeAdvice Legal Forum > CRIMINAL LAW & PROCEDURE > Arrests, Searches, Warrants & Procedure

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 08-10-2007, 09:22 AM
Junior Member
 
Join Date: Aug 2007
Posts: 2

Should I hire a attory before the arraignment?


What is the name of your state? Florida (Miami-Dade county)

Hello,

I was falsely arrested and charged with 3 misdemeanors (Disorderly conduct, resisting arrest without violence, and carrying a concealed weapon without a permit). The cop also reported that I was intoxicated, which is also false since I don't do drugs and haven't drank alcohol in over 2 years...however there wasn't any sobriety test or breathalyser done to prove intoxication.

The weapon I had concealed was a 3"75 fishing knife that I use as a tool at my job and for emergencies. I am not a criminal and never intended to use it for criminal purposes.

I spoke to some attorneys and other people and they said that based on the truth of the story of the incident of when I got arrested, I am completely innocent and am likely that all charges would get dismissed. The truth is the cops here misjudged the incident and used brutality on me when I was aided the incident that I was involved in. Its really a unbelievable story to anyone who isn't aware of police injustice in Miami Beach and other major cities in America.

Now I know I am innocent, but before I decide to hire a attorney just incase I have trouble proving my innocence, I want to know if I should wait after the arraignment date coming up next Friday, or should I go ahead and decide whether to hire an attorney now? The reason I ask this question is because I am not sure if my charges can be dismissed at the arraignment when I please not guilty. If they can be dismissed and there is no possibility that I can be judged guilty at the arraignment, then I think it's financially wise to wait before making a decision because all charges will no longer stand against me and will be swiped off my record.

Can anyone please answer my question? And perhaps offer some additional information and advice on my situation?
  #2  
Old 08-10-2007, 02:34 PM
Senior Member
 
Join Date: Feb 2007
Posts: 8,280
You'd be well advised to have an attorney now. The case is NOT as slam dunk in your favor as you think it is. The case is not going to be dismissed at the arraignment. You're going to plead not guilty (one would hope ) and the prelim is going to be set.
  #3  
Old 08-10-2007, 03:15 PM
Junior Member
 
Join Date: Aug 2007
Posts: 2
Thank you FlyingRon.

I will certainly plead not guilty and will keep the board updated with my case. I am going to call an attorney I've chosen tonight and hire her to slam dunk it in their face.

Thanks
  #4  
Old 08-10-2007, 03:27 PM
Senior Member
 
Join Date: Oct 2005
Posts: 1,289
I would wait until after the arraignment. Like FlyingRon said, the case is not going to be dropped then. Plead not guilty, then hire a lawyer. It is just going to add on to the bill if your lawyer has to go to an arraignment.
__________________
It's not paranoia if someone REALLY IS following you around.
  #5  
Old 08-10-2007, 03:47 PM
Senior Member
 
Join Date: Feb 2007
Posts: 8,280
While the case is NOT going to be dismissed at the arraignment, you would be well advised to have the lawyer there. The date for the hearing/trial is going to be need to be set with him, there are perhaps some discovery motions he will wish to make at that time.
  #6  
Old 08-10-2007, 04:04 PM
Senior Member
 
Join Date: Oct 2005
Posts: 1,289
Quote:
Originally Posted by FlyingRon View Post
While the case is NOT going to be dismissed at the arraignment, you would be well advised to have the lawyer there. The date for the hearing/trial is going to be need to be set with him, there are perhaps some discovery motions he will wish to make at that time.
Motions at arraignment?
__________________
It's not paranoia if someone REALLY IS following you around.
  #7  
Old 08-12-2007, 12:00 PM
Junior Member
 
Join Date: Aug 2007
Posts: 19
The ONLY purpose(s) of an arraignment is/are to present you with the charges being brought against you, and for you to enter your plea. I've been to quite a few arraignments, and have never had the need (or the opportunity, as far as I can recall) to enter any motions at that point. Hiring an attorney now and bringing them to the arraignment will only raise the cost of your defense.

However, you would be smart to hire an attorney ASAP; ONLY because it would give them more time to research your case and come up with a good plan of action. You don't need to pay them to go to your arraignment, though.

Hop this helps, and good luck. I wish I were an attorney, because I would take your case in a heart-beat, at no charge. I am a HUGE opponent of law enforcement officials who abuse their power and bring bogus charges against people.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 09:51 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.