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subject: Is it in my interest to hire an Attorney prior to arraignment? [print this page]


In my opinion, absolutely.
In my opinion, absolutely.

First consider the alternative. You will be represented by one of the court appointed lawyers who happens to be on arraignment duty that day. That lawyer will not even be aware of your existence until after you have been processed through the police and court bureaucracy and your matter has been officially docketed. Are court appointed lawyers "bad lawyers"? Not necessarily. Many are knowledgeable, competent litigators. Are court appointed lawyers overburdened? I believe many would answer that question with a resounding "yes".

Conversely, a privately retained attorney has the time to monitor your case from arrest to arraignment. Having someone there to assist the accused, his friends and his family through such a difficult situation helps relieve everybody's stress. Throughout this progression a private attorney has the time to speak with the police and court staff early on, and to learn additional details about the allegations, and the status of the accused. The lawyer can then explain this information and its implications to the accused, relay that information to friends and family members and answer questions they might have.

Critical decisions need to be made in a short period of time. The sooner an attorney is retained the greater the chance he will be able to protect his client. This includes preventing police from interrogating the accused or causing the accused to supply evidence against himself. This also includes advocating for the release of the accused, for reasonable bail and at times for a favorable plea bargain. Moreover, when an attorney is retained at the outset of a case, the accused is able to derive the benefits that accompany a continuity of representation from start to finish.

THE INFORMATION CONTAINED HEREIN IS NOT LEGAL ADVICE. It is provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. Reading this article does not create an attorney-client relationship or otherwise require further consultation. Attorney Advertising.

Is it in my interest to hire an Attorney prior to arraignment?

By: New York Courts FAQ




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