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JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20232
Experience:  Handling criminal and probation matters for over 14 years.
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I was arrested for persistent disorderly conduct and taking

Customer Question

I was arrested for persistent disorderly conduct and taking to county jail on Saturday. At jail I had a seizure and was taken to the hospital. I was finally released to my sister and after looking at my paper work, I realized that I have court Monday morning? Can they provide a court date so fast, without allowing time to get a lawyer. I want the charges reduced because I'm a teacher and can't afford to have this on my record?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Marsha411JD replied 2 years ago.
Hello,

This is likely your arraignment, so all you have to do is tell the court that you have not had an opportunity to find an attorney yet and they will either just enter a not guilty plea for you and set a new hearing date, or reschedule the whole thing. It really isn't unusual for a defendant to need more time to find an attorney.
Customer: replied 2 years ago.
Relist: Answer quality.
Expert:  JB Umphrey replied 2 years ago.
The answer provided by the earlier expert is correct information. The first court appearance is only an arraignment to inform you of the charges, see what you're going to do about representation, etc. You simply go to court, plead not guilty, and tell the court that you're going to hire a lawyer and the judge/magistrate will set a new court date in the future for your lawyer to meet with the prosecutor to negotiate any possible plea agreement.

What additional information are you seeking?
Customer: replied 2 years ago.
How could they provide a court date so soon? I know it was an arraignment but I've usually gotten 2-3 weeks before having to attend.
Expert:  JB Umphrey replied 2 years ago.
The courts have decided that a person's constitutional rights require that a person be arraigned within 48 hours of a warrantless arrest, if they are in custody. County of Riverside v. McLaughlin, 500 U.S. 44 (1991) http://tinyurl.com/7rst4rg

The facts that you've described suggest that the local court has adopted the practice of applying the same scheduling requirements for people whether they are in custody or out on bond. It's perfectly legal and, indeed, constitutional.

I hope this helps to clarify things.

It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied. No expert can promise you an answer that is favorable to your circumstances. But I will do my very best to explain the legal principles that are related to the facts you’ve described so that you can better understand the “why” of things.

If you have a follow-up question, please reply and ask it.

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Customer: replied 2 years ago.
I pleased no contest what is the difference between no contest and guilty.
Expert:  JB Umphrey replied 2 years ago.
A no contest plea means that you do not contest -- you do not wish to fight the charges.

It is considered to be a conviction. One is sentenced as though they had pled guilty.

A guilty plea can be used against a person in a civil lawsuit. It's an admission.

A no contest plea cannot be used against a person in a civil lawsuit because they have not admitted to the crime.

That's the difference. It's about not making an admission that could hurt in a related civil lawsuit.
Customer: replied 2 years ago.
I need further explanation of the question. At this point it doesn't matter anymore I've gone to court and already pleaded. Thank you anyway.
Expert:  JB Umphrey replied 2 years ago.
Thank you for the follow-up. Please clarify: are you asking that your question now be closed?

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