If a person receives a citation to appear in court for a misdemeanor charge of habitation of a vehicle, would they have a right

Criminal Defense 4 views 6 answers
to a lawyer and jury trial ? There was no arrest or Miranda rights given. There was only a citation to appear in court.

Attorney Answers

6
Jay Finnecy ·
A person charged with a misdemeanor offense where jail is a possible sentence is entitled to court-appointed counsel. Miranda probably doesn't apply unless you admitted living in your car after being arrested and placed in custody. It's a rule of evidence not a get out jail free card.
0 upvotes
Arnold Gross ·
If the charge is a misdemeanor, you have the right to a jury trial and counsel. If you cannot afford an attorney, ask for the public defender the first time you go to court. If the police did not intend to use any statements from you, or to question you, they do not have to give you your Miranda rights. And a written notice to appear in court is instead of arrest.
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Greg Hagopian ·
The right to have a lawyer appointed (if you cannot afford one) applies to all misdemeanors and felonies. It does not apply to infractions. Infractions are violations of law for which you cannot be put in jail. I believe what you were cited for is a violation of the San Francisco Municipal Code 97. It is, indeed, a misdemeanor, carrying a possible 6 month jail term.
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Mark Broughton ·
Yes, if it is a true misdemeanor and not an infraction (fine only).
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Kevin Sullivan ·
When were you cited/ When is your first court appearance. At the initial hearing if it is a misdemeanor and you qualify financially you will be able to obtain the services of an appointed lawyer.
0 upvotes

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