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CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
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Experience:  9+ years defending Misdemeanor and Felony cases.
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My brother-in-law (adult) has an arraignment tomorrow morning

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My brother-in-law (adult) has an arraignment tomorrow morning for indecent exposure and indecent sexual activities with a child under 15. I don't know if he is guilty or not...but should he plead "not guilty" at his arraignment? My family has never had to engage an attorney in this area and we are trying to narrow the field for one, but aren't there yet.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

I am sorry to hear about his situation. He will need a criminal defense attorney to represent him. If he can not afford to retain private counsel, he can ask to be appointed the public defender in court tomorrow. If he is going to retain private counsel, he can contact the Virgina Bar Association, who has a referral service set up, to assist. http://www.vsb.org/vlrs/index.php/public/vlrs/ He can also search a site like www.martindale.com or www.lawyers.com to find attorneys and read reviews. He should not enter any plea or say anything tomorrow, unless represented by counsel. The charges which he is facing is serious, to he does not want to do anything without speaking with an attorney first. It is not uncommon for a defendant to enter a plea of not guilty at the arraignment and then allow their attorney to review the discovery/evidence the state is going to be using against them. At a later time, they can always change their plea if a plea deal is worked out or maintain it and proceed to trial.

Customer: replied 4 years ago.

so, for tomorrow's arraignment, he should not answer any questions about the charges and enter a "not guilty" plea when asked how he pleads?? should he say something like "I prefer not to respond to that question without first consulting an attorney"?


don

Is he going to retain private counsel or ask for the public defender?

Customer: replied 4 years ago.
my family has never had to seek legal advice and we are in the process of finding an attorney, but might not have one before the arraignment tomorrow.
When he appears, the Judge is going to ask him if he can afford to retain an attorney. If so and he needs more time, he can advise the court of it and ask that the arraignment be reset, so he can come back with an attorney.
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