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  1. #1
    Join Date
    Dec 2009
    Posts
    8

    Question Forgot to Ask for a Public Defender at Arraignment

    This is for the state of: NC

    For my arraignment day, the court officials didn't inform me of getting a public defender nor asked me. I called the Public Defender's office and the receptionist told me that on my next court date I should ask for one.
    However, in my case (this is the other thread with info on my case)
    I don't know if the court would find me guilty if I didn't complete the program by next court date. I feel I might be able to get a lesser charge if I get a Public Defender. I don't know, am I too late to get a Public Defender?? or is asking for one on my next court date okay?? The court would just appoint me a PD and reschedule my case again correct? I hope so b/c I can't afford a lawyer at all and I'm worry.

    Also does completing a diversion program puts me in probation?

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    14,582

    Default Re: Forgot to Ask for a Public Defender at Arraignment

    or is asking for one on my next court date okay?? The court would just appoint me a PD and reschedule my case again correct?
    Correct.

    Also does completing a diversion program puts me in probation?
    Usually. This will depend upon the terms of your program.
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  3. #3
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Forgot to Ask for a Public Defender at Arraignment

    The court should have asked you if you had an attorney, and then inquired if you needed an attorney appointed.

    You don't have to wait for the hearing. You can write up a simple motion for the court to appoint counsel and file it with the clerk. This is easy enough to research on the web and do.

    You can fill out a form to determine if you qualify, or ask the court to hold a hearing. This might be controlled by your state law. There are free legal services that can help with this too.

    If you think you have a defense or even just want a deal on sentencing, you need an attorney. You have no real negotiating power without an attorney. Taking probation is no deal necessarily if you can beat the case. The only thing that matters is if the state can prove their case. If you take a plea, they never have to prove anything.

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