Need Time to Hire Private Counsel | Madera Criminal Defense Attorney Adam Rodriguez
What if I haven't had time to hire private counsel?
If you or a loved one is arrested and is unable to bail out then hiring private counsel may become problematic. Ideally, hiring counsel should not be something you do on a whim, it should be a well thought-out process. What many do not know is that the court can give a defendant a reasonable amount of time to hire an attorney of there choosing. What this means is that a defendant at there first court date can ask the judge for time to hire private counsel. Generally depending on the case and the surrounding circumstances a judge could grant a continuance for several weeks to allow a person to hire an attorney of their choosing. In fact, California Penal Code Section 859 actually sets forth the requirement for a continuance to hire counsel of your choosing.
If you find yourself in the unfortunate position of needing to hire privet counsel for your criminal case, remember the law allows you a reasonable amount of time to hire the counsel of your choosing. Here at the law offices of Nuttall and Coleman we offer free consultation.
California Penal Code Section 859: Time to Procure Counsel
When the defendant is charged with the commission of a felony by a written complaint subscribed under oath and on file in a court within the county in which the felony is triable, he or she shall, without unnecessary delay, be taken before a magistrate of the court in which the complaint is on file. The magistrate shall immediately deliver to the defendant a copy of the complaint, inform the defendant that he or she has the right to have assistance of counsel, ask the defendant if he or she desires the assistance of counsel, and allow the defendant reasonable time to send for counsel....If the the defendant desires and is unable to employ counsel the court shall assign counsel to defend him or her....