Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

Is it always better to plead guilty at a dv arraignement,

Is it always better...

Is it always better to plead guilty at a dv arraignement

Lawyer's Assistant: In what state did this occur?

California

Lawyer's Assistant: Have you talked to a lawyer yet?

No the arrest was today and arraignement is in two days

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Does self defense can be used to prove a not guilty plea?

Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 5 minutes by:
9/11/2017
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,352
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Verified

Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

Ask Your Own Criminal Law Question

Even if you know you are guilty and want to take a plea, the only plea you should take at your arraignment is NOT GUILTY. Anything else will give you an immediate criminal conviction and the judge can sentence you to whatever he wants because the second you admit your guilt you lose control of the case.

Under our law, every criminal defendant walks into court innocent until proved guilty beyond a reasonable doubt. That entitles each and every criminal defendant to plead not guilty at his arraignment. That's what is, in fact, expected of him as it's the only plea that keeps all of his rights open so that he can get advised by a lawyer as to the strengths and weaknesses of his case and make an informed decision as to how to proceed.

If he doesn't want a trial and is willing to plead guilty, by pleading not guilty he can then have his lawyer confer with the prosecutor and work out a deal he can be happy with. Then he can withdraw his plea of not guilty and enter a plea of guilty to the charge agreed upon to get the promised disposition.

If you can afford a lawyer, have one with you at your arraignment so that you can learn about all of your rights and choices, because neither the judge nor the prosecutor will explain all of those to you. They have different agendas from yours. If you cannot afford a lawyer plead not guilty to keep your rights open and ask the judge to appoint you a public defender. He will do so and adjourn the case for another date so that you can talk to your lawyer.

Ask Your Own Criminal Law Question
Customer reply replied 10 months ago
Does pleading not guilty will affect my chances to obtain a (reasonable) bail after the arraignment?

No. It will not. The judge will expect you to plead not guilty as it's the only correct plea to make at your arraignment.

Your right to plead not guilty is protected by the Constitution. YOu walk into court not guilty and you can maintain that position until you choose to take a plea or go to trial and get a verdict.

Ask Your Own Criminal Law Question
Customer reply replied 10 months ago
can i submit an affidavit of non prosecution for my husband or will this not affect his domestic violence case?

Sorry for the delay. YOur reply came through after midnight where I am located, and I had turned off my computer for the night by then.

If you are the alleged victim of the crime, you can submit an affidavit of non-prosecution. However, once the state has become involved, the case does not belong to you anymore but to the prosecutor. He or she is free to go forward with the matter, even over your objection to go forward. YOu can be subpoenaed and compelled to testify against your husband, even if you don't want to, or face contempt charges for ignoring the court order.

You should make your feelings about this case known to the prosecutor if you don't want to go forward, either by an affidavit or by making an appointment with the prosecutor and telling him or her in person. Either way, it's important that as a result of your affidavit or visit you convince him or her that you will not be at risk of harm if the charges are dropped and the protective order lifted. Also it's important that the prosecutor know that you're coming forward to drop the charges of your own free will and not because your spouse has bullied you into it.

If the prosecutor insists on going forward after you've made your intentions clear, talk to your husband's lawyer and let him or her know that you've been trying to drop but the prosecutor won't let you. He'll take it from there. Ask him what you can do to help.

In my experience, once the defense attorney and the alleged victim of the crime start holding hands and pressuring the prosecutor to dismiss the case, something favorable to all parties can typically be worked out.

Best of luck with the case!

Ask Your Own Criminal Law Question
Customer reply replied 10 months ago
hello, would it be possible to ask for a signature bond at the arraignment and, if so, would letters from friends and family confirming the ties that the defendant has with his community, family and work help?

If the defendant is already at liberty, then as long as he shows up at his arraignment, bond shouldn't be an issue. He would typically be able to remain out on his own recognizance. Otherwise, yes. Strong ties to the community are one thing that a judge will look at when they are preparing to make a bail determination. Friends and family showing up at the arraignment or writing letters confirming ties may be helpful. So would the fact that you have been seeking to drop the case, since the strength of the state's case is another element that the judge will look at.

Give the letters to the defense lawyer and make sure he knows you are trying to drop charges.

Ask Your Own Criminal Law Question
Customer reply replied 10 months ago
the defendant will most likely not be able to get a public defendant for his arraingnment, so he will have to formulate the request to the judge on his own. He is currently in custody under a 53,000$ bond. Could he request to be released on his own recognizance to the judge without a lawyer at the arraignment or should he ask for a bond hearing once the judge inform him on the bond? Thank you

In many jurisdictions across the country, public defenders are assigned to arraignments as a matter of course and they are there specifically to handle unrepresented jail cases. So the defendant may have a lawyer. YOu can call the court clerk and find out whether there will be a public defender in the court for him.

He can certainly request to be released on his own recognizance if he has no lawyer assigned, but the less he says about his case, the better since anything he says on his own behalf can be used against him. If he has no lawyer, he should plead not guilty and let the judge know he needs a public defender appointed. He can ask for release at that point or ask to reserve a bail application until he has a lawyer or ask for a hearing on the bond.

Ask Your Own Criminal Law Question

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,352
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Verified
Zoey_ JD and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a criminal lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Zoey_ JD Your Own Question
Zoey_ JD
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,352
31,352 Satisfied Customers
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.

Zoey_ JD is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,248 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,153 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,984 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,750 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,638 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

Barrister

Barrister

Criminal Defense Law

1,255 satisfied customers

17 years practicing criminal defense.

< Previous | Next >

Related Criminal Law Questions
Is there a chancethe dependant to win the domestic assault
Is there a chancethe dependant to win the domestic assault case with a video caught on the act when he punch me and knock me out for more than 1 min. … read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
1,984 satisfied customers
I was arrested last night at my home. the police did not
I was arrested last night at my home. the police did not give any details or a formal charge and said there was an incident filed with my name on it. i sat in a cell, they told me they were taking me … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,940 satisfied customers
My arraignment is tomorrow, and I've been told by you and
Hey so my arraignment is tomorrow, and I've been told by you and other professionals saying that I'd be read the charges and and enter a plea. But if I wrote down some sort of confession would the be … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,569 satisfied customers
My husband got arrested and I also filed DV restraining
My husband got arrested for DV and I also filed DV restraining order in Family Court. Now he is saying through his lawyer that I hit him first, does this kind of lies work in the court? The doctor who… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
31,352 satisfied customers
Wife was arrested intox. in Indiana. Age 51 and has never
wife was arrested for publib intox. in Indiana. Age 51 and has never been arrested before. What is the possible outcome?… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
31,352 satisfied customers
I was arrested for first offense DUI Drugs. I had a foil pipe
I was arrested for first offense DUI Drugs. I had a foil pipe in the car which contained "spice" not marijuana, and was pulled over when I was driving slowly. I was lethargic, took a blood test, and s… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
31,352 satisfied customers
what is arraignment what does the respondent do on that day what
what is arraignment what does the respondent do on that day what do the attorney do that day can the arraignment be resetted? please tell me step by step if the respondent hire an attorney, then how d… read more
Barrister
Barrister
Criminal Defense Law
Doctoral Degree
1,255 satisfied customers
My son was arrested and went through a video arraignment without
My son was arrested and went through a video arraignment without being offered a lawyer nor did he know he could ask for a lawyer until at the end of the arraignment… read more
Nate
Nate
Lawyer
Juris Doctor
1,750 satisfied customers
My daughter was arrested in Gulfport Ms for public drunkness.
My daughter was arrested in Gulfport Ms for public drunkness. She got in an argument with the bouncer who asked her to leave. She was willing to leave but he would not allow her to retrieve her purse … read more
MyraB
MyraB
Attorney at Law
JD
367 satisfied customers
I ran out of gas, truck was parked in street and i got out
I ran out of gas, truck was parked in street and i got out and headed toward my house.. Sheriff drove by a minute later saw me and the truck and i had been drinking. I was arrested and most likely adm… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
31,352 satisfied customers
what is the proper order or protocal of of the following: ARRESTED
what is the proper order or protocal of of the following: ARRESTED GRAND JURY = Indictment ARRAIGNMENTS… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
31,352 satisfied customers
My son was arrested for burglary and grand theft for taking
My son was arrested for burglary and grand theft for taking lumber from what appeared to be an abandoned warehouse. He was released on $2k bond and his arraignment hearing is on Tuesday (Florida). The… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Hello, My name isXXXXX im being arraigned tomorrow
Hello, My name isXXXXX im being arraigned tomorrow on assault with bodily injury in domestic violence and it was self defense what should Plea? This girl has a history and was in jail for 45 days for … read more
AttorneyTom
AttorneyTom
Attorney at Law
Juris Doctor, BSBA
1 satisfied customers
A man was arrested and is now in custody in los angeles county,
A man was arrested and is now in custody in los angeles county, charged with burglary in the 1st degree. what would be ALL the criminal procedure steps in California to process the man from the beginn… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
31,352 satisfied customers
my ex wife and i plead guilty to a dv charge because we were
my ex wife and i plead guilty to a dv charge because we were trying to reconcile at the time. actually i should have plead self defense because she attacked me. now years later it is preventing me fro… read more
JB-Umphrey
JB-Umphrey
Attorney & Counselor
Juris Doctor
606 satisfied customers
Hey, I was arrested on misdemeanor battery charge after a
Hey, I was arrested on misdemeanor battery charge after a bar fight. This is my first offense, what should I be looking forward to my trial is a month away from today. How do i find out if the victim … read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
I have a drunk in public charge, an arraignment tomorrow am
I have a drunk in public charge, an arraignment tomorrow am but not sure what the police report states. Never been in trouble before or have a record, they made me do breahalyzer but cop kept saying I… read more
xavierjd
xavierjd
Juris Doctor
3,361 satisfied customers
My brother was arrested last nite for domestic violance and
My brother was arrested last nite for domestic violance and has been charge with a felony what is going to happen to him… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
31,352 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x