Assault/Battery Case

[reignman55]

Hey Carl, this question is directed mainly for you...

Im in a really tough financial situation right now...

If I choose to not hire a lawyer, will I have any chance to plea bargain on my own or anything like that?

Also, I have not yet received any kind of letter in the mail from the court, is that normal?

 

[CdwJava]

Hey Carl, this question is directed mainly for you...

Im in a really tough financial situation right now...

If I choose to not hire a lawyer, will I have any chance to plea bargain on my own or anything like that?

Also, I have not yet received any kind of letter in the mail from the court, is that normal?

You would still have a chance to make a plea, but it might not be as easy without an attorney. But, if you are truly in financial straits, you might be able to qualify for a state appointed attorney by the time of your arraignment.

If you have a court date, show up. If you have yet to receive any word on the court date or any prosecution, then be prepared as it could come at any time ... if it comes at all.

- Carl

 

[reignman55]

I called the court back again, my case is not yet processed and doesnt show up in the system.

I called for a public defendant. They told me just plead not guilty at your arraignment and then request a public defendant.

That doesn't sound right to me because I am guilty and I just want a plea bargain if possible.

Any advice on what to do? I really dont have money to hire a lawyer. Should I plea not guilty just to get a public defendant?

 

[CdwJava]

I would never recommend you make a plea of guilty without consulting legal counsel. Ergo, you should probably go with a plea of "not guilty" and ask for publicly appointed counsel.

While it is admirable you want to step up and take responsibility for your actions, you should always do so in an informed manner and in a way that best protects your interests. An attorney can help direct a plea.

- Carl

 

[reignman55]

Sorry im asking so many questions, Im just really worried and really clueless.

Can you tell me if i have this right?

I go to court on August 25 without a lawyer for my arraignment, I plead Not Guilty, I request a public defendant. Then the public defendant tries to get a plea bargain for me.

 

[JakeB]

Sorry im asking so many questions, Im just really worried and really clueless.

Can you tell me if i have this right?

I go to court on August 25 without a lawyer for my arraignment, I plead Not Guilty, I request a public defendant. Then the public defendant tries to get a plea bargain for me.

It's public defender, not defendant. You're the defendant.

Yes, go to the arraignment, plead not guilty, ask for a public defender, and then get ready to prove that you can't afford an attorney on your own.

 

[SIN EATER]

Reignman,
Just ask for a public defender. You'll have to fill out a one-page financial application - if it shows you are low-income (or have many dependents), then the PD will be appointed on the case.
You are usually asked if you have an atty before you plead. If they ask you how you plead, ask for the PD. You will need to plead 'not guilty' in order for your atty to negotiate a plea bargain (once you say 'guilty', it's over - there's nothing to negotiate - the Judge will just sentence you.
DO NOT plead Guilty.
Your case may be triable. If the other party was combative, then it may be mutual combat & a jury may return a verdict of Not Guilty. Also, the Prosecutor MAY decide not to charge, or to send it to an 'office hearing'.
You'll only know, on 8/25, what your options are.

My best advice - do not plead guilty. Take it to trial. (Trial would be set at a later date ... latest 45 days)

Do NOT make any comments on the facts of your case to the Judge or the Prosecutor. Tell the PD all the facts & let him/her guide you.
If the Prosecutor talks to you before a PD is appointed, be respectful (that's the person who can reduce/dismiss the charges), but DO NOT admit guilt and DO NOT speak of the facts - they may have to testify against you & your statements may be taken out of context. It's fine to tell them that you've never been in trouble before & this situation has made you sick at heart and you want to resolve it & you have a spotless record and you're sick at the idea of having your future ruined over this ---and what will happen, now ? Can you do community service to dismiss it ? but - DO NOT admit you are guilty & do NOT speak about the facts of the case (who started the mess, etc).

If you ask for a trial, the other party ('victim') may not show up - by then, he's calmed down & doesn't want the bother. You may have to take it to trial.
Good luck.