What is an arraignment?

You or someone you care about has been charged with a crime, what should you expect at the initial hearing?

Being charged with a crime is a frightening ordeal that is foreign to most people. Life and liberty are at stake, in most cases it is made worse by the fact that nobody tells you what to expect. The first hearing in a criminal case in California is the Arraignment Hearing.

Arraignment Is An Important Stage of Every Prosecution

As a criminal defense attorney with years of experience I find that many defense attorneys treat arraignments as primarily a clerical event that has little or no effect on the final outcome of a case. However that is not entirely true. Criminal prosecutions in California begin with the filing of a complaint with the Superior Court by the District Attorney.

The complaint includes the charges the People must prove and any enhancements or special allegations. The complaint must be specific enough to allow the defense to prepare a defense against the charges. The dates alleged must be specific and the names of the defendants must be included on the complaint. 

A skilled defense attorney will review the complaint and determine if a demurrer should be entered. Demur means to object. In law school I was taught that a demurrer should be entered if you can say 'even if everything in the complaint was true, a crime still was not committed.'  Demurrers are rare but the defense attorney should read the complaint and rule out whether a demurrer is appropriate or not.

If a demurrer is not made then a plea will be entered. Before the plea is entered the defendant is entitled to have the charges and rights read out loud. In practice however the defendant usually waives formal reading of the charges and the rights, instead simply acknowledging the complaint and waiving the reading of constitutional and statutory rights. 

Not Guilty Plea

Regardless of whether a person is guilty or not, the initial plea is almost always 'Not Guilty.' A not guilty plea is entered because it allows for a review of possible defenses, discussion of sentences and consideration of potential outcomes. Then of course another reason someone would enter a plea of not guilty is because they are not guilty. 

Depending on whether the allegations are felonies or misdemeanors and depending on whether a person is in custody or out of custody certain speedy trial rights determine the next hearing. 

O.R. Request and Bail Hearings

At the same time a defendant is arraigned, the issue of custody status often comes up. If a defendant is in custody in California the defendant frequently asks to be released from custody. In 2009 California enacted some laws that requires that victims be given notice of bail hearings, therefore bail hearings are usually set for another day.

Once a judge rules on a bail request or a request to be released on 'Own Recognizance' (O.R.), the issue cannot be raised again unless there has been a change in circumstances. This means that a request to reduce bail or be released on O.R. should not be made unless it can be made thoroughly. The defense attorney should meet with the client and write a motion that includes all the arguments in favor of release or reduced bail. 

Do You Really Need To Hire a Lawyer

Is It Necessary To Spend Thousands of Dollars on a Criminal Defense Lawyer

Thousands of people are charged with crimes every year across the country. In Fresno County alone there are thousands of cases filed a month again people by the Fresno County District Attorney's office. That does not include the Assistant United States Attorneys filing federal charges every month. 

The stakes are high when criminal charges are involved. Punishment in criminal matters range from fines to the death penalty with years of prison and financial ruin in between. There is no doubt that criminal cases can be scary, even a relatively minor drunk driving offense can be punished by jail time and fines totaling more than $3,000.

Criminal Defense Lawyers Are Not Cheap

Criminal charges can be scary because the punishment can be severe and most people are unfamiliar with the system. Many people hire a criminal defense lawyer to help them or their loved one face criminal charges. Unfortunately, criminal defense lawyers charge several thousands of dollars for most cases. I charge people different amounts depending on the complexity of the case and several other factors.

The most important factor I consider when quoting fees to a potential client is the maximum exposure the person is facing. For example, if a person is charged in a federal matter that carries 20 years to life in prison then I would begin my fees around $20,000. That is just a starting point because I would have to consider other factors before I would agree to take the case for that amount. 

Another factor that I consider in setting fees is the location of the court where I will have to appear. If I have to travel out of Fresno County then I generally add in the estimated travel expenses as well as the estimated fees that I will have to pay other attorneys to appear for me when I am out of Fresno County.

The equation gets more complicated from here because it is at this stage in the process that I have to consider the client's criminal history, the potential issues that the specific cases includes and the judge that will be hearing the case as well as the Deputy District Attorney that will be prosecuting the case. All these issues factor into the amount I charge to represent a person because they will effect the difficulty of the case and the amount of work that has to be done on the case. 

All these things considered, my fees range from $1,500 to $100,000 for a single case. Most people do not tell me directly that they question the need to pay me so much but I am fairly certain that some people cannot help but wonder if it is absolutely necessary to pay me so much. 

If You Can Afford It, Then You Should Hire A Lawyer

Some attorneys may tell you that you should always hire a lawyer but I can honestly say that sometimes a private lawyer is not justified. I have worked for the Public Defender's office and I will tell you that most of the attorneys that work there are competent lawyers that have a tremendous amount of experience. In California every person that is charged with a crime that carries potential incarceration is entitled to get a public defender at no cost or with an income based fee range.

In most cases you can go with a public defender if money is particularly tight. The problem with using a public defender is that they are busy and cannot spend as much time as a private attorney.  One of the best things about having a private attorney is that you can ask a lot of questions and get in touch with the attorney if you need to talk with him or her. 

The other advantage of hiring a private attorney is that if you are not happy with the private attorney you can fire them and hire another lawyer. If you are appointed a public defender you cannot fire the public defender. Many people believe that public defenders can be 'fired', that is not true. If an appointed attorney is not representing the defendant and the judge agrees that he or she has not done her job then the judge can appoint another attorney. 

My experience has been that the most successful private attorneys are successful because they have done a good job and everybody wants to hire them. Almost all of my clients come to me by referral. Someone that I have represented has told someone else that I did a good job for them and that leads them to contact me for help. 

If you want a lot of time to ask questions and a good relationship with the person that is going to represent you then you need to hire a private attorney. Many private attorneys are former public defenders that were successful as public defenders so they went out on their own. That is exactly what happened in my case. 

I only left the comfort of a regular job with benefits after many clients told me that they wanted to hire me privately. With many happy clients to serve as a client base I went out on my own. I have been happy as a private attorney because I can choose which clients I want to help and I have total freedom with my practice. 

I cannot deny that being a private attorney has been financially rewarding as well. The one thing that I did not mention above was the reality that I only have a certain number of hours in a day. My fees reflect that when I raise my rates because I have too many clients and not enough time to properly represent them all. 

Back to the issue at hand, should you hire a lawyer? I cannot tell you to hire a lawyer or not to hire a lawyer because I do not know your financial situation or the specifics of your case. If you really want to be informed about developments in your case and you want the best possible outcome then you should hire a private attorney. 

Make sure that you get some references from friends or former clients of the attorney and then hire the best lawyer you can afford. Remember your life, freedom and finances are on the line, the money you save by not hiring a lawyer may not be of any use to you if you are in prison for years and it certainly will not replace the feelings you feel when you spend quality time with a loved one that would otherwise be in prison.