Legal Question: Califorina

[Sequoia]

If someone gets a citation for a misdemenor is it advisable to have a lawyer for the first court appearance? And why would someone have to complete the "booking process" by going to the jail to get fingerprinted as if this person commited a serious crime?

[bemildred]

1. Depends on what you did, I think.

In some cases it might be good, in some cases not. If it's a DUI, definitely talk to a lawyer.

[philosophie_en_rose]

2. Call the public defender's office and ask.

Call the public defender's office and ask them what to expect and whether you'll need an attorney at the first appearance. Some misdemeanors are very serious. Either way, consult an attorney to decide what to do.

[EFerrari]

3. Booking is just SOP. And it might be a good idea to contact

the Public Defender's Office asap because they might be able to help and because they have a big case load so there might be a wait.

[Greyhound]

11. Putting innocent people in jail, ruining thiers and their families lives is also SOP.

Doesn't mean you should cooperate or go anywhere near them without an attorney.

[EFerrari]

12. I couldn't agree more. n/t

[slackmaster]

4. Having a lawyer to represent the defendant at every stage of the process is advisable

And why would someone have to complete the "booking process" by going to the jail to get fingerprinted as if this person commited a serious crime?

The purpose is to intimidate the defendant and make him or her fear the authority of the system. They are hoping to pressure the defendant into confessing, or disclosing information that need not be disclosed.

I was booked and fingerprinted on a Failure To Appear charge, which turned out to be the result of identity theft. I was completely innocent. A lawyer prevented me from making several mistakes.

The system is fraught with pitfalls to trap amateurs. A good criminal defense attorney is worth it, even if the defendant is sure he or she is innocent.

Edited to de-personalize references to the defendant.

[aikoaiko]

7. Especially if they are innocent. ;-)

[sharesunited]

5. Misdemeanors are punishable by up to a year in county jail.

You decide what's at stake here.

[slackmaster]

6. Good point

A misdemeanor conviction can really mess up your life.

[musiclawyer]

8. Because the cops thought it was a crime.

The only crime you won't get booked for is an infraction, or one where the cops don't want to bother. In your case, I guess they did. Get a lawyer. If you can afford to pay for a private lawyer with experience, get one over a PD. A misdemeanor is not for amateurs. Regardless of how silly you think the alleged crime is, it's not.

[Sequoia]

9. Thanks everyone.

[Greyhound]

10. California is a police state. You need a lawyer, period.

The money you save is not nearly worth how bad they can, and probably will, fuck you.

DON'T TALK TO THE COPS! KEEP YOU MOUTH SHUT! There is no upside to cooperation. "Anything you say can, AND WILL, be held against you".