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Would it do anygood to have a attorney present at your arraignment?

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russharv63

Junior Member
What is the name of your state (only U.S. law)? Virginia
I have to be in a Virginia general district court on Jan. 4, 2018 for an arraignment of a grand larceny charge. I am going to get my own criminal defense attorney to represent me but have not decided who it will be yet. Would it do any good to have an attorney present at my arraignment? Is it necessary to have an attorney at my arraignment or not? Would it do me any good. I do not want to rush so I can find a good attorney.
 


Taxing Matters

Overtaxed Member
What is the name of your state (only U.S. law)? Virginia
I have to be in a Virginia general district court on Jan. 4, 2018 for an arraignment of a grand larceny charge. I am going to get my own criminal defense attorney to represent me but have not decided who it will be yet. Would it do any good to have an attorney present at my arraignment? Is it necessary to have an attorney at my arraignment or not? Would it do me any good. I do not want to rush so I can find a good attorney.
If this is your first court appearance on the charge, this hearing is likely to be a simple hearing in which you are advised of the charges against you and your right to have a lawyer represent you, the court will ask if you plan to have an attorney represent you and if you need to apply for a public defender, and to set the next court date. The court might also ask for you to enter a plea or that may come at a later hearing. If you are asked to enter a plea you may simply plead not guilty. The hearing might only take all of 5-10 minutes once it starts. Thus, unless your case has something unusual going on or this is not the first court appearance you probably are fine going to this one by yourself. You'll want to get an attorney well in advance of the next hearing, however, to give your lawyer time to prepare for it.
 

justalayman

Senior Member
The one point an attorney may be preferable is based on where things are in your bail situation. Bail can be imposed or altered at an arraignment in some cases. If there is a risk of bail being imposed or altered at your arraignment an attorney might benefit you in having it reduced or converted to being released on your own recognizance.

It may behoove you to have somebody accompany you to pay your bail if one is imposed at this hearing.
 

FlyingRon

Senior Member
GDC is a pretty informal affair, as TM says they will give you the charges and then ask if you have/want an attorney. If you are indigent, they'll set you aside to fill out the forms to make sure you qualify and then you'll be continued until a PD can be assigned to you. If you're not indigent and you state you'd like to have an attorney, you'll be continued going forward. In addition to making a plea, there are procedural things (jury trial vs. not, etc...) that occur coincidentally at this hearing, you are well advised to have an attorney. This is also a good time for your attorney and the Commonwealth's to work out any plea deals.

Since you appear to have been charged with a felony, the case is going to be assigned to circuit court anyhow. GDC doesn't hear felonies. GDC may handle some of the preliminaries (such as this arraignment) and decide whether the case will be handed over to the grand jury for indictment. The prelims and the indictment are also strategic places for your attorney to consider actions.
 

adjusterjack

Senior Member
What is the name of your state (only U.S. law)? Virginia
I have to be in a Virginia general district court on Jan. 4, 2018 for an arraignment of a grand larceny charge. I am going to get my own criminal defense attorney to represent me but have not decided who it will be yet. Would it do any good to have an attorney present at my arraignment? Is it necessary to have an attorney at my arraignment or not? Would it do me any good. I do not want to rush so I can find a good attorney.
I strongly suggest that you at least discuss this with an attorney before the arraignment so that there are no unpleasant surprises.
 

quincy

Senior Member
What is the name of your state (only U.S. law)? Virginia
I have to be in a Virginia general district court on Jan. 4, 2018 for an arraignment of a grand larceny charge. I am going to get my own criminal defense attorney to represent me but have not decided who it will be yet. Would it do any good to have an attorney present at my arraignment? Is it necessary to have an attorney at my arraignment or not? Would it do me any good. I do not want to rush so I can find a good attorney.
It would be smart for you to have an attorney with you but you should at least consult with a criminal defense attorney prior to arraignment even if this attorney does not accompany you to court for your initial appearance.

No doubt any attorney you speak to will advise that you plead not guilty at your arraignment. A new hearing will be scheduled and you will definitely want an attorney for that.

Good luck.
 

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