Will I Have A Criminal Court Appearance In The First Month After An Arrest?
Yes, you will have a criminal court appearance within the first month of an arrest unless it’s one of the larger courts or you’re hiring an attorney. Most of the time, they try and get an arraignment scheduled within a week of your release from jail. However, if you immediately go to a lawyer’s office then they can contact them that day, notify the court that they’re representing the client, and schedule for a different day. However, most of the time there is a criminal court appearance within the first 30 days unless there’s been a waiver of your appearance or the case is being continued.
How Often Should I Meet With My Criminal Defense Attorney To Discuss My Case In The First Month?
I would expect at least one meeting or phone conference with your attorney within that first 30 days. I’ll meet with clients when they first get out of jail or first get the citation of their DUI and then they’ll come in and we’ll discuss their side of the story. After that initial consultation where I’ve been retained, I tell my clients that I’m going to send out the request for discovery. This covers all of the information: the police reports, the videos, any witness statements, or anything else that the prosecution is going to use against you is turned over to us. It takes two to three weeks to get that back. Sometimes there’s a blood sample and it takes at least 30 to 45 days to get those results back.
It’s important to have all the information before we meet again so that we can discuss it and have a productive meeting. I would say there should be at least one or two meetings with the attorney and the client. The last meeting you have will be with all the material present, the video, the DUI report, and everything to discuss it, put your initial strategy together for the defense, and go from there.
Will I Have To Meet With A Pre-Trial Probation Officer Within That First Month?
Yes. In some cases, there is a requirement of pre-trial testing and probation. I’ve seen that more and more in the Utah courts for drug, alcohol, or even a domestic violence case where those are involved. The prosecution or judge will ask for that as a condition of release from jail while the case is pending. They do have to check in with a probation provider and sometimes submit to random drug and alcohol testing. It won’t always be the case that they have to keep up with probation but, for the most part, yes. Some judges will order pre-trial probation as a condition of release and require a monthly check-in with the probation officer and random testing. This is to make sure that the client was not a continued danger to the public. That they’re not out there drinking and driving or causing further problems in society. They want to have those conditions in place to make sure that does not happen.
Will Voluntary Pre-Trial Drug Or Alcohol Counseling Help Or Hurt My Case?
I’ve discussed that issue and voluntary counseling or treatment before the first court date is an important question and something to consider. I personally believe that if someone truly has a problem and wants to make a change in their life then they should get treatment immediately as a matter of their own well-being and benefit. Forget about the court; take care of themselves and get the help they need so they can be good, happy, and take care of their families.
Otherwise, let me look at the case first, let me look at the facts, look at the police report, see what any test results are and then advise them whether they should go get counselling beforehand or not. Though, it helps negotiating with the prosecution and lets the judge know that they’re taking the matter seriously; that they don’t want this to happen again in their lives. I’ve never seen a prosecutor use the fact that someone is in treatment to not get help as a part of their prosecution.
I recommend if the person needs it, to go get it and if not, let me look at the case, then let me give them a recommendation because I know most of the judges, prosecutors, counselors, and the treatment providers throughout the state of Utah and I can help them get into an approved place for treatment and counseling. It’s going to work best with the court because it has to be court-approved and the person who is performing the counseling and the treatment has to have the proper qualifications and license because that’s why you’re doing this.
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