QUESTION
Will I need an attorney for a class a misdemeanor for passing a bad check?
Asked on Sep 06th, 2012 on Criminal Law - Florida
22 ANSWERS
Yes.
Answered on May 22nd, 2013 at 3:57 AM
Leonard A. Kaanta
Yes.
Answered on May 22nd, 2013 at 3:57 AM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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Yes.
Answered on May 22nd, 2013 at 3:56 AM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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Yes.
Answered on May 22nd, 2013 at 3:52 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Anytime there is possible jail time, such as here, you should be represented by an attorney. If you cannot afford one, ask the court to appoint an attorney for you.
Answered on Sep 19th, 2012 at 8:58 PM
4 out of 5 attorneys agree that anyone charged with a crime needs one.This communication is intended for the use of the individual or entity to which it is addressed and may contain information this is PRIVILEGED or CONFIDENTIAL. If you are not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that dissemination, distribution, or copying of this communication is specifically prohibited. If you have received this communication in error, please notify the sender immediately by reply email and delete the original. Thank you.
Answered on Sep 14th, 2012 at 11:20 AM
Any time you are charged with a crime you need an attorney. A misdemeanor bad check charge is a good example of a crime that you need an attorney.
Answered on Sep 14th, 2012 at 11:19 AM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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You are always entitled to represent yourself in court. Whether you should is a different issue. The conventional wisdom is that an attorney will be able to do a better job and get a better outcome. Prosecutors and judges don?t like dealing with ProPers, unless you are simply pleading guilty, not defending the case. You?ll learn the actual charge[s] and any enhancements filed and get copies of all the police reports and prosecutors? evidence when appearing for arraignment at the first court hearing. The charges actually filed by the prosecutor will determine how much ?time? and other penalties could potentially be imposed. In California, if convicted of any felony, you potentially face one or more years in prison, plus fines; on any misdemeanor, you potentially face up to 12 months in jail, plus fines. When charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through motions, plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help in this, feel free to contact me. I?ll be happy to help fight this and get the best outcome possible, using whatever defenses there may be.
Answered on Sep 14th, 2012 at 11:18 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Not necessarily, but understand that the crime you are charged with carries a maximum penalty of 1 year in jail and a $5000.00 fine. You may seriously want to have an attorney.
Answered on Sep 14th, 2012 at 11:17 AM
Certainly. Otherwise you will certainly be convicted of a crime of moral turpitude, and you can forget about any meaningful job opportunities for the next decade of your life. F
Answered on Sep 14th, 2012 at 11:15 AM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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It is always safest to have an attorney represent you. However, for a bad check, you may be allowed to simply make it good and have the charge dismissed. If you want to play it safe, hire an attorney and go to court represented. That way you cannot incriminate yourself and you have the best chance of getting the charge dismissed. If you can't afford an attorney or want to take the chance, you can go to court, represent yourself, listen to the offer of the ADA, WITHOUT admitting anything, and see if he or she will dismiss upon payment. If not, then get your lawyer. Under no circumstances should you admit to anything.
Answered on Sep 14th, 2012 at 11:14 AM
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You are allowed to defend yourself, but you will usually get a better outcome if you have an attorney representing you. An attorney will likely think of arguments that would not occur to you.
Answered on Sep 14th, 2012 at 11:14 AM
Criminal Law Attorney serving Oakland, CA
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Law Office of Jared C. Winter
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You need an attorney for all misdemeanors and felonies. Don't try to just handle it on your own. If you can't afford a lawyer, ask the court to appoint the public defender.
Answered on Sep 14th, 2012 at 11:13 AM
Dennis P. Mikko
Unless you are familiar with the applicable court rules and rules of evidence, an attorney is helpful in any court proceeding. Remember, the People in a criminal case are represented by an attorney, the prosecuting attorney.
Answered on Sep 14th, 2012 at 11:11 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, the ramifications of a conviction will last the rest of your life.
Answered on Sep 14th, 2012 at 11:10 AM
Gary Moore
Yes. It is basically a theft charge and you will not find employment with even CVS or McDonalds with a conviction for same.
Answered on Sep 14th, 2012 at 11:09 AM
Workers Compensation Law Attorney serving Sacramento, CA
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Ernest Krause Attorney at Law
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Wait for a case to be filed.? If it already has then the DA should have given you the "discovery" which is all the (current) evidence against you.? You should/should have told the judge you need time to decide whether to get an attorney.? Read the "discovery" in detail.? Call the county law librarian for advice on how to research the issue.? Without knowing about you, the case, by itself, is simple.? Get a free or low-cost evaluation.? What you don't need is to pay a fee disproportionately big for the time/skill required.
Answered on Sep 14th, 2012 at 11:08 AM
Whether you need to hire an attorney to represent you often depends on the court in which the charges are brought. In municipal courts you may be able to represent yourself. In most County / District courts you will need an attorney to negotiate on your behalf.
Answered on Sep 14th, 2012 at 11:06 AM
Criminal Defense Attorney serving Pittsburgh, PA
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Law Office of Jeffrey L. Pollock
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It is not reqd. but is advisable.
Answered on Sep 14th, 2012 at 11:05 AM
Criminal Defense Attorney serving Seattle, WA
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The Law Office of Michael Morgan, L.L.C.
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It would generally be a good idea to be represented by an attorney on this type of charge. Mike Email transmissions to clients of this office presumably contain confidential and privileged material for the sole use of the intended recipient. The use, distribution, transmittal or re-transmittal by any unintended recipient of any communication is prohibited without our express approval in writing or by email. If you are not the intended recipient please contact the sender and delete all copies.
Answered on Sep 14th, 2012 at 11:05 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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There is no class a misdemeanor in Florida.
Answered on Sep 14th, 2012 at 11:01 AM