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Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 20357
Experience:  Licensed attorney with 29 yrs. exp. in criminal law
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My son was arrested Aug.10, .Charges are obstruction law officer.

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My son was arrested Aug.10, .Charges are obstruction law officer. He is schitsophrenic and was off his meds. wandering around and a neighbor called police. He is now in psychiatric ward of Gwennett Medical center, making progress but release ? His wife doesn't speak English very well so I am asking for her (Son is 55; I am 82) I also put up bond, 1300, they are in bad debt. ? is...papers say we will be notified court appearence date by mail. Does he need a lawyer to appear with him? What if he is still in hospital on court date?

Thank you for the information and your question and I am sorry to read about your son's situation. Your son will need an attorney, however, if he does not have the financial means, then at his first court appearance he can tell the court that he cannot afford one and the court will appoint a public defender to represent him. At the first appearance, if he has not had time to speak to his attorney, then he, or the court, will enter a plea of not guilty. The the court will schedule a future hearing date and between his first hearing and the next one, he and his attorney can decide how they will handle his case (stick with the not guilty plea, enter a plea agreement with the State, or try to get the charge dismissed outright.)

If your son is still in the hospital on his scheduled date, then someone needs to call the court clerk or go to the court that day and notify the court that he is still hospitalized. They will just continue his case. Usually easy to just call the court clerk and coordinate with them.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
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