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Seeking a California criminal defense attorney. I know of a…

HelloSeeking a California criminal defense...
HelloSeeking a California criminal defense attorney.I know of a young adult male going to arraignment in a few days for a DUI. He was released after booking on a Sheriff Pretrial Release Program, and he is currently on supervised OR, which he has failed his terms & conditions. He still wants to ask the court for an OR release but one that is not supervised. Can he merely speak up in court, or does he need to state he is currently representing himself pro se, for the time being, or is there any process for him asking for OR, or since he is not represented by an attorney, is he without recourse?In addition, the young man would like to request of the judge, during arraignment only, for me to be present as an advisor. Is that advisable?
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Answered in 1 minute by:
11/8/2017
legalgems
legalgems, Lawyer
Category: Legal
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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A person is legally able to represent themselves as "in pro per" in a criminal case and can submit requests to the judge at arraignment;

however, a third party non attorney may not act as an advisor in a legal proceeding unless they are admitted to practice law in that state.

Please see:

http://www.courts.ca.gov/10214.htm

The unauthorized practice of law is prohibited per Business and Profession code 6125 and 6126 and can be prosecuted as a misdemeanor.

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Customer reply replied 6 months ago
Where requesting OR for himself, can he merely speak up in court, or does he need to state he is currently representing himself pro se, for the time being, or is there any process for him asking for OR, or since he is not represented by an attorney, is he without recourse?
As long as a defendant is not currently represented by an attorney the defendant may act as their own attorney. One would need to state they are in pro per and the judge will likely inquire as to whether they understand what it entails. They may also advise them of their ability to request a public defender.
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The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
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