San Jose, CA asked in Criminal Law for California

Q: What to expect at arraignment for CA Penal Code 261.5(c) charge?

I was just charged with a violation of California Penal Code 261.5(c), and I have no prior criminal history. I'm planning to request a public defender at my arraignment. What should I expect during the arraignment?

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2 Lawyer Answers
Mario Tafur
PREMIUM
Answered

A: At your arraignment for an accusation under § 261. 5 regarding unlawful sexual intercourse with a minor, you can expect several key procedural steps. First, the court will formally present the charges against you, which involve engaging in unlawful sexual intercourse with a minor who is more than three years younger than you. This offense may be categorized as either a misdemeanor or a felony, depending on the circumstances.

Since you plan to request a public defender, the court will assess your financial situation to determine your eligibility for legal representation. If you qualify, the court will appoint a defender to represent you. It is important to note that you may be required to provide financial documentation to support your request.

During the arraignment, you will be asked to enter a plea of guilty, not guilty, or no contest. If you plead not guilty, the court will schedule future proceedings, including a preliminary hearing if applicable. Additionally, the court may address bail and any release conditions.

Given that you have no prior criminal record, this may be considered by the court when determining bail or release conditions. However, the specifics of your case and the nature of the charge will significantly influence these decisions.

In summary, the arraignment is a critical step in the criminal process where your rights and the allegations against you are formally acknowledged, establishing the foundation for the next legal steps.

Each case possesses unique details, making it crucial to promptly seek assistance from a law firm that can thoroughly examine your specific circumstances. If you require aid, please do not hesitate to reach out to us. We can be contacted via email at support@thebulldog.law or by calling (888) 928-1609, or you can visit our website www.thebulldog.law for additional information.

James L. Arrasmith
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Answered

A: During your arraignment, you'll appear before a judge who will formally read the charges against you and ask if you understand them. This initial court appearance typically lasts just a few minutes.

The judge will ask how you plead - guilty, not guilty, or no contest. Since you plan to request a public defender, you should plead not guilty at this stage to preserve your legal options. The judge will then determine if you qualify for a public defender based on your financial situation. They'll also set bail or release conditions, considering factors like your lack of criminal history and community ties.

After the arraignment, your public defender will receive your case documents and begin preparing your defense. They'll schedule a meeting with you to discuss the details of your situation and potential defense strategies. Given the serious nature of PC 261.5(c), which is a "wobbler" that can be charged as either a misdemeanor or felony, having legal representation is crucial. Take detailed notes during the arraignment and any following meetings with your defender to help keep track of important dates and requirements.

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