I took stole money from my mom. I also own shares in my dads company, he passed away almost 1 year ago and my mom owns his shares. Since his death I have kept company money from my mom and I haven't paid my mom what my dad would have been paid from his shares. I have had my moms atty billed for company issues not my moms. I have put enormous mental pressure on my mom with lies so she will go along and not ask questions about money. My mom got a new attorney and found out what I was doing when my mom told her new attorney that she had no money to pay her mortgage or any of her bills. Her new attorney made a demand for money, I tried to refuse and her new attorney sent another demand including a warning of elder abuse. I ignored it and went to attack my mom and got caught.
No, an arraignment is where you enter a plea - always "not guilty".
Please, for yourself, get a future. The judge will probably insist; take the advice. Lawyer-up immediately and don't post any more facts on public sites. If I were a prosecutor, it is one of the places I would instruct be investigated in preparing for trial.
Will you be sentenced at the arraignment? Not unless you agree to it.
It seems you do not understand what an arraignment is. Our office is continually asked by one group of clients, “what is an arraignment?” We also commonly hear another group of clients refer to their first appearance with an expectation that there will be a trial, with witnesses testifying and the judge evaluating each and every nuance in the evidence. Both groups of clients do not know what an arraignment is.
An arraignment is a criminal proceeding where the defendant is called before a judge in a court, informed of the charges (either in writing or orally) and asked to enter a plea. When the case is a misdemeanor, the defendant usually does not need to appear, as his or her counsel can appear for that person. There are certain exceptions to this general rule, so it is best to confirm this with your counsel rather than assume that counsel’s appearance suffices.
If you have never been arrested, you might not understand the point of an arraignment hearing. So why is this type of hearing important? Here are some of the reasons why the State might hold an arraignment:
1) An arraignment was extremely important earlier in time because of the lack of most defendants’ ability to read. During the arraignment hearing the District Attorney would read the charges to the defendant so he understood what he was being charged with and could, in response, decide if he needed to hire an attorney, gather up witnesses and other evidence or simply plead guilty.
2) This process helps to ensure all defendants have appointed an attorney and are prepared before trial. It also gives you the right to discovery of documents in the possession of the prosecution and allows an attorney to advise their client on what to expect going forward.
3) During an arraignment, the prosecution may decide if they are going to try your case or not. If you plead guilty during the arraignment then you are sentenced and there is no need for a trial, but if you plead not guilty, further hearings to allow preparation for trial will be set.
4) After the date of the arraignment you have ten days to file motions unless the judge gives you more time, which also makes having an attorney important. We usually extend this time period at the arraignment for you, as we want you to have time to review and comment upon the police report, the complaint and all other materials the DA or City Prosecutor may provide at the arraignment.
While the whole process of an arraignment hearing may seem rather unimportant, it is an extremely critical process and is not to be taken lightly. It is often where first impressions are made and the prosecution reveals its attitude about the seriousness of the charges, a likely plea bargain and the character of the defendant.
An attorney should approach each arraignment as an opportunity to discuss the case with the prosecution, establish rapport with the prosecutor handling the case and, if necessary, clarify important facts that the police report may omit or misunderstand. If the prosecution is as familiar with the facts as we are, the arraignment can be a great opportunity to discuss reduction of charges based on the facts, probation, diversion or motions that we might bring to the judge’s attention.
Good luck and relax.
Darryl Elliot YoungPersonal Injury LawyerMerced, CA ·
An arraignment is simply what the official charges are. Then you enter a plea. You should plead "not guilty", you will get assigned a public defender if you can't afford an attorney or you should bring your own. Not guilty does not mean you are innocent, it means you want to review the evidence against you, be informed of your rights and have an attorney help you understand the allegations and consequences. You only get sentenced once you plead "guilty" or "no contest." You will need to be advised of all your rights to enter a guilty plea.
Only after entering a plea and waiving time for sentencing are you sentenced.
It is in your best interest to not disclose anymore facts about your case. Retain an attorney immediately. The arraignment is the initial court appearance where you will likely enter a plea of not guilty - no sentencing options.
Kristin D Figueroa-ContrerasImmigration AttorneyMiami, FL ·
It is a VERY BAD idea to be posting specific facts about whatever you did or not due on a public forum. Both federal and state laws prohibit elder abuse. NO, you are not sentenced at arraignment. Normally, your arraignment is where you would plead (not guilty) and be read (or waive to being read) the formal charges filed against you. Sentencing takes place after you are found guilty (or plead guilty). If you are in federal court, sentencing takes place approximately three months after you plead guilty (or are found guilty after trial).
This appears to have been something that could have been cleared up early in the process if you had an attorney. The warning of elder abuse may have been your card to trump the allegations. That appears to be an unethical move on the part of the new attorney. However, you refused or failed to play the trump card so now it appears that you have been criminally charged. Lawyer up because you may be able to still get out of this mess without a conviction on your record. I wish you the best.
BTW -- criminal court proceedings like this take several months so if you are sentenced at arraignment then it is a spectacular deal that leads to a downright dismissal or an infraction. Otherwise, it would be nothing short of malpractice.
