99% of the time you would plead not guilty. This does not mean you’re innocent. It simply tells the court that you want to reserve your rights to a fair trial, to hear the evidence against you, to see and question the witnesses testifying against you and to present your defense, should you choose.

So, don’t worry about seeming like a liar by pleading not guilty. This is how the system works. You can always change your plea to guilty upon receiving a better offer from the district attorney. But going from guilty to not guilty is a bit more challenging.

If you chose to plead guilty, it would be over. There would be no trial. You’d give up your rights to hear evidence against you and your rights to cross examine witnesses who testify against you. Basically, you tell the judge to go ahead and dish out the sentence (punishment), because you have done what the police and district attorney have accused you.

Of course you could change your mind before conviction, but why risk going that far? It becomes virtually impossible after conviction. (This will be discussed during another blog.)

When you plead guilty, you are at the mercy of the court for a lenient sentence. Sometimes the court will give lenient sentences when someone refuses go through a trial, but that is not the best way of going about defending yourself.

It’s imperative that every piece of evidence and testimony against you is carefully examined. Further, it’s very important that the police report is carefully analyzed to see if any of your rights have been violated. Even further, the police may have had the wrong facts and you may be falsely accused.

One should NEVER readily plead “guilty” to any charge(s) without first consulting an attorney. Even if you are not innocent, it does not mean the government (police and District Attorney) could violate your Constitutional rights.

The judges, DA and court personnel know pleas are changed routinely. It’s best to preserve your right to a trial because you can always change your plea to guilty–I’ve never seen a guilty plea rejected.

My office is available for a free consult: (714) 321-9999.

My posts/blogs are to be taken for academic purposes only and NOT LEGAL ADVICE. Nothing on my blogs should lead you to believe there is an attorney-client relationship, nor that I am giving legal advice.

Please call my office at (714) 321-9999 for a free consultation to discuss your specific matter where I could then give proper legal advice.

THE PURPOSE OF ARRAIGNMENT

Your first court date will begin with the judge telling you what charges have been filed against you. These charges will sometimes be the same as what you were initially ticketed or arrested for. In other cases, the charges will have changed. This is because the prosecutor in your case may disagree with the arresting officer over exactly which crimes they believe you committed. What happens on the first day of court.

After reading your charges, the judge will next ask how you wish to plea. You can plea “not guilty” to deny the charges and have the case set for a trial. Alternatively, you can enter a plea of “guilty” or “no contest” to resolve the case at arraignment. “Guilty” means that you are admitting the charges against you. “No contest” means that you are agreeing to be punished for the charges, but not explicitly admitting to them. In some courtrooms, the judge or prosecutor will offer you a plea deal before you enter a plea. In other courtrooms, the judge will wait until you have decided before choosing your sentence. Feel free to ask the judge for clarification about your potential punishment before deciding.

Finally, if you enter a “not guilty” plea, the judge will ask you whether you plan to hire a private lawyer. If you don’t believe you can afford a private attorney, you can request for the judge to appoint a public defender to represent you. Public defenders are lawyers provided to defendants with low incomes for free or for a nominal fee.

THE LENGTH OF THE FIRST COURT DATE

Your first hearing will likely be only one or two minutes long. Most courtrooms schedule many arraignments for the same day, so the judge will try to move through each case quickly. Unfortunately, because so many cases are scheduled at once, you may end up waiting in the courtroom for an hour or more before your case is called. Be prepared for court to take up to three or four hours.

WHAT TO WEAR

You should take care to dress appropriately whenever you appear in court. Although many courtrooms will allow you in if you are underdressed, dressing properly will make a better impression on the judge. The appropriate attire for your first court date is business casual. Men and women can wear a button up shirt and slacks. Women can also wear a blouse and skirt or a professional-looking dress. Suits are also welcome, but not required. Some courthouses have unique attire requirements, so be sure to check your courthouse’s website for additional rules.

WHEN TO HIRE A LAWYER

It’s never too soon to hire a criminal lawyer. Although many people wait until after arraignment to start looking for an attorney, it’s better to begin your search as soon as you are first charged. A lawyer will guide and represent you throughout the criminal process. They can often even appear in court in your place so that you don’t have to attend the hearing at all.

CONCLUSION TO WHAT HAPPENS ON THE FIRST DAY OF COURT

Your first court date is sure to be a nerve-racking experience. Now that you know what to expect though, it will hopefully be a little less scary. If you are still feeling overwhelmed, consider a criminal attorney to help guide you through the process. Remember that it is never too early in the criminal process for you to reach out to a lawyer.

Call the Law Office of Wais Azami with any questions. We offer free consultations and flexible appointment times.

It’s unknown why more women and crime has historically had less coverage. But recently, there seems to be more interest. It could be that more of their crimes are being reported as the new generation see women as more equal in rights and culpability. In light of police brutality and unfairness of arrests for minorities, officers may also be forced to look at all parties equally rather than assume women are automatically the victim. Such approaches to policing will obviously create more situations where the woman may have been the culprit or suspect.

For me personally, majority of my spousal battery or domestic violence clients are female. Most have been victimized in the past. Most are tired of being victimized. Unfortunately, they either take the wrong approach to defending themselves or their story is not accepted. This happens when whomever calls the police first seem more credible. This is why it’s important to have an attorney who will thoroughly inspect all of the evidence, police reports and witnesses.

Regardless of who is arrested, it’s important to know your constitutional rights. It’s important to seek legal counsel immediately not give law enforcement anymore information than you may have already.

My posts/blogs are to be taken for academic purposes only and NOT LEGAL ADVICE. Nothing on my blogs should lead you to believe there is an attorney-client relationship, nor that I am giving legal advice.

Please call my office at (714) 321-9999 for a free consultation to discuss your specific matter where I could then give proper legal advice.

Most people are under the impression that you have to talk to the police or answer all of their questions. It couldn’t be further from the truth. It’s true we are all raised to respect the police and to fully comply with authority. That usually means that the authoritative figure has a good reason to stop us and inquire about anything they want.

We are used to answering detailed questions posed by our parents, older relatives, teachers, church leaders and the like but you should Know your rights. We assume they are trying to get to the bottom of something important which is ultimately to either help us or to help us learn from our mistake.

Generally, we don’t question them. We don’t ask why they want to know. We don’t dare do such things because we are taught that we don’t know better. Further, it’s rude to question authority. After all, who are we to question the motives of someone older, wiser, and more educated?

This is even more true when within certain cultures. In most non-American cultures, people with authority are assumed to have the utmost power and right to question someone below their level, age or position in life. They have a god complex. Respect is shown by not disobeying such people.

However, in America, things are different. Rules are different.

But, do I have to talk to the police?

As I said earlier, you only have to provide your name and date of birth to the police. That is all that is legally required of you. The ONLY other thing you want to say is, “I want my lawyer” or “I want a lawyer.”

Do I have to talk to the police? Know your rights?

The police is legally allowed to lie to you. They can trick you. They can use pressure tactics to make you talk. When you talk, you give out information. That information could put you in a scene of a crime, admit to an illegal conduct, or offer other evidence which could be used against you or your loved ones.

When the police talk to you, they have already made up their mind as to whether or not they’ll let you go. You cannot talk your way out of anything, Know your rights. If you have been previous lucky due to police letting you go after talking to you, it does not mean it was your skills. It could have been another emergency to which they had to respond or another reason.

The people who are at most risk of talking to the police are the highly educated or highly intelligent people who believe they could outsmart a cop. However, when they talk, it’s recorded on camera or in notes. It’s not one officer who looks at all of that which came out of the person’s mouth. There will be many highly intelligent people (sergeants, shift leaders, captains, district attorneys, etc.,) who will read the same report and parse every word carefully.

Then they will re-interview the same person and try to trip them up about what they said. At that point, the person will either be a liar or give different evidence and dig a bigger hole. If they had never talked, nothing could be used against them nor could they be deemed a liar.

A good criminal attorney could speak for you. If you really want to tell the police something, do it in a way which won’t hurt you later. You can still talk via an attorney. However, the attorney can help filter things which could harm you tremendously down the road.

The biggest reason people want to talk to the police is to avoid being taken into custody. They feel they’ll be released if they cooperate. However, by talking, one creates a risk that they’ll ultimately be in custody for much longer. Think about it; you say anything not to spend one night in jail but end up giving information which later puts you in there for months or years. Was saving yourself for one or two nights really worth singing like a canary?

Remember, you have to say only things to the police:

1. Your name

2. Your date of birth

3. “I want a lawyer.”

What about police searches?

The topic of whether you should allow police to search is discussed thoroughly here.

That’s it. Nothing else. Best of luck and please pass on this information. I’ll post more about search warrants on the next blog. Please don’t miss it as it’s equally important.

Wais Azami, Esq.

My posts/blogs are to be taken for academic purposes only and NOT LEGAL ADVICE. Nothing on my blogs should lead you to believe there is an attorney-client relationship, nor that I am giving legal advice.

Please call my office at (714) 321-9999 for a free consultation to discuss your specific matter where I could then give proper legal advice.