Sallisaw, OK asked in Criminal Law and Constitutional Law for Oklahoma

Q: Do u have to have a lawyer for your 2nd court date

3 Lawyer Answers
David A. Cincotta
David A. Cincotta
PREMIUM
Answered
  • Criminal Law Lawyer
  • Oklahoma City, OK
  • Licensed in Oklahoma

A: You should hire an attorney as soon as possible. Most judges do not like defendants to show up without an attorney, especially twice. Each judge has his or her own tolerance. If you believe you cannot afford an attorney, you need to demonstrate to the court everything you have done to try to hire an attorney and why you qualify for one at the state's expense. Most judges will consider things like whether you are on bond (cash, bondsmen, or own recognizance), whether you are employed, your expenses, etc. The court clerk should have a form you can complete and submit prior to your court date to request an attorney at the state's expense. With all that said, if you have criminal charges, the charges can negatively impact your future in so many ways. A good criminal defense attorney can make a big difference to you and your future.

Tracy Tiernan agrees with this answer

Tracy Tiernan
Tracy Tiernan
Answered
  • Criminal Law Lawyer
  • Tulsa, OK
  • Licensed in Oklahoma

A: There are many variables that dictate what path to take when you are “invited” into the criminal court system in the state of Oklahoma. Is it a felony or misdemeanor? Does it carry a fine only, jail time, or prison time? Any case which involves the potential for loss of liberty (jail or prison time) one could convincingly argue it’s foolish not to have an attorney holding your hand by your side every step of the way. But it’s definitely a decision to be made on a case by case basis.

Brian Boeheim
Brian Boeheim
Answered
  • Criminal Law Lawyer
  • Tulsa, OK
  • Licensed in Oklahoma

A: As the other gentlemen said, it is on a case by case basis and depends strongly on the tolerance level of the judge. I am a firm believer in hiring an attorney sooner than later. Evidence gets stale, alibi witnesses disappear, and speed usually works in your favor. An attorney who can move your case along expeditiously will usually have a negotiating advantage over the ADA on the case. IMHO

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