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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27009
Experience:  Handle criminal matters in both state and federal courts.
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Hi, Here is my dilemma My daughter was arrested Saturday

Resolved Question:

Hi,
Here is my dilemma: My daughter was arrested Saturday night for hitting a girl in the nose.
She was arrested and spent the night in jail. She was bailed out the next morning. Arraignment is on May 10th. The young lady she hit and the place it occurred is not pressing charges. (Thank God). I have never dealt with anything like this so any information you can give me would be appreciated. I am assuming that even though their are no charges pending (other than from the state of Michigan) she should still have representation. What should she expect at arraignment? Will she have to have more than one day in court? How do we go about getting a court appointed attorney?
Thank you for your time and expertise.
Kim
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Samuel II replied 6 years ago.

hi

 

if the victim does not want to move forward, it is possible the prosecutor will place the matter as "inactive" this means that if your daughter does not get into any more trouble for a specified period of time, the matter will go away. however, if she has any further incidents of any type, the state will resurrect this one, too.

 

at the arraignment, she can plead not guilty, request a dismissal and if it is not granted, request the assistance of a public defender.

Customer: replied 6 years ago.

Do you mean that she should go to the arraignment without representation? Then if it is not dismissed we should should then request counsel?

Expert:  Samuel II replied 6 years ago.

hi

 

yes. that is the process. the arraignment is to determine enough probable cause to move forward. if the "victim" is not there, they might not have anything. so you daughter can say not guilty, request a dismissal and if not granted request the PD for representation. then the PD can discuss the matter with the prosecutor and try to get it on placed "inactive"

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