If I go in and ask for an attorney, do I have to answer any questions? Or is that only when I am with my attorney? And If I don't what do you say if they asking you questions lol?
Answers:
It really depends upon the nature of the case. If this is a criminal case, and you face actual imprisonment for the charge, and you're a defendant, you have a constitutional right to counsel. You can ask for an attorney and everything pretty much stops. If this is a civil case, you don't necessarily have a right to counsel (although in some states you may ask for an attorney)... You may have to go forward; you may have to answer questions, but if it's the Court asking you questions, it will generally be "nicer" to you as a "pro se" party. The only hints I can give (if this is a civil case) are to listen to the questions, answer honestly, if you don't know, say "I don't know," and to ask for help if you need it (the Court may give you help with interpreting terms and proceedings, but can't give you "legal advice") Otherwise, except in those circumstances _usually_ limited to criminal law where imprisonment is a possibility, you're responsible for finding your own attorney.
Good luck--talk to an attorney in your jurisdiction or at least someone at Legal Aid.
If you are going for an arraignment it is only for the purpose of establishing whether or not you will have representation, if you are pleading not guilty,etc. Do you need a public defender, then they will hav eyou sign an affidavit stating that you cannot afford to hire your own attorney. Other than that, I don't believe they will ask anything else and I wouldn't advise offering any other info until you have spoken with an attorney.
Simply ask the judge for a court appointed attorney. He will more than likely ask you how you plead, and tell him you wish for a postponement til you have the attorney.The questions should stop there.
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment