Legal Question in DUI Law in New York

New York - At my first court appearance ( arraignment) can I request an adjournment of arraignment to get a public defender( since I can't afford a lawyer) ? . And if so do I make a plea in Not guilty to the charger at that appearance?

Do I request adjournment before Judge reads charges? My 1st appearance in 3 days from now do I call court office clerk prior to my 1st court date and tell them? I need to understand court process - can someone help?

Just trying to get answers - consulted with Lawyers just scared and want to know more details of process since I'm going to court alone for arraignment in 3 days can't secure lawyer - too expensive. I want to confer with Assistant DA but - maybe I should consult with public defender first - so How do I request this and ask to adjourn arraignment to get counsle-


Asked on 3/24/12, 3:21 pm

3 Answers from Attorneys

Jason Stern Law Offices of Jason Stern

If you cannot afford an attorney, one will be provided for you in the courtroom.

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Answered on 3/26/12, 8:08 am
Richard Sweeney Richard F. Sweeney, Esq.

A public defender will be appointed for you on the first day you are there for arraignment. If you can afford an attorney, the judge will grant you an adjournment to get a lawyer. Don't talk to the ADA. I know the criteria for a public defender in Westchester County is that you make $400 per week or less and do not own a car or home. The criteria might be different in other counties. If the court clerk is really on the ball, he/she will call the names of the new arraignments and tell them to go to the window for an application for public defender/assigned counsel/legal aid and fill it out before court starts. You might want to get to court early. The application is basically a financial affidavit.

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Answered on 3/26/13, 10:33 pm


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