I need some legal help for my book...

[bjornolf]

For the attorneys out there, or anyone that knows general criminal legal procedure.

I'm having a fellow arrested in my book. My main character is going to get him an attorney. My question was, how do things generally work? Can anyone visit someone in jail, or can he only be visited by an attorney before arraignment? What happens at arraignment? How long does it take between arrest and arraignment, especially if you're arrested on a Sunday? Is arraignment where you're charged and bail is set? What happens after that? Can anybody visit somebody in jail? How does that work? If a prisoner refuses to provide things like a full name and address, or ID, what happens then? Would the judge rule him a flight risk and not set bail? Could they even arraign him without a full name?

The crime he's being accused of is breaking into an apothecary museum and stealing some herbs that weren't for sale, but for display (things like nightshade).

Thanks.

[CathyCA]

For the attorneys out there, or anyone that knows general criminal legal procedure.

I'm having a fellow arrested in my book. My main character is going to get him an attorney. My question was, how do things generally work? Can anyone visit someone in jail, or can he only be visited by an attorney before arraignment? What happens at arraignment? How long does it take between arrest and arraignment, especially if you're arrested on a Sunday? Is arraignment where you're charged and bail is set? What happens after that? Can anybody visit somebody in jail? How does that work? If a prisoner refuses to provide things like a full name and address, or ID, what happens then? Would the judge rule him a flight risk and not set bail? Could they even arraign him without a full name?

The crime he's being accused of is breaking into an apothecary museum and stealing some herbs that weren't for sale, but for display (things like nightshade).

Thanks.

In which jurisdiction is your character located? If he's in North Carolina, I can help you. If he's not in North Carolina, the rules may be different.

Seriously, you need to ask a criminal defense attorney who practices in that jurisdiction in order to make the scene authentic.

Also, is this story occurring currently or in the past? That will make a difference, as the rules and procedures have changed somewhat over the years.

[bjornolf]

For the attorneys out there, or anyone that knows general criminal legal procedure.

I'm having a fellow arrested in my book. My main character is going to get him an attorney. My question was, how do things generally work? Can anyone visit someone in jail, or can he only be visited by an attorney before arraignment? What happens at arraignment? How long does it take between arrest and arraignment, especially if you're arrested on a Sunday? Is arraignment where you're charged and bail is set? What happens after that? Can anybody visit somebody in jail? How does that work? If a prisoner refuses to provide things like a full name and address, or ID, what happens then? Would the judge rule him a flight risk and not set bail? Could they even arraign him without a full name?

The crime he's being accused of is breaking into an apothecary museum and stealing some herbs that weren't for sale, but for display (things like nightshade).

Thanks.

In which jurisdiction is your character located? If he's in North Carolina, I can help you. If he's not in North Carolina, the rules may be different.
Seriously, you need to ask a criminal defense attorney who practices in that jurisdiction in order to make the scene authentic.
Also, is this story occurring currently or in the past? That will make a difference, as the rules and procedures have changed somewhat over the years.

I realize that it's different from area to area, but I'm just trying to get a general idea. I've seen the flow chart on the internet of how the order generally goes from arrest to trial to sentencing, but it doesn't have little things like who can visit prisoners and when, or what happens if a guy refuses to give his full name. The area would be up here in NoVA, and it takes place in early 2009. If you could give me a rundown of how it works down where you work, it would be great. Even if it's a little different, it'll be close enough for now. Plus, it might give me a better idea of how to search for it more effectively.

Also, are these rules generally state defined, or is every county different?

Thanks.

[bjornolf]

Aw, come on, Cathy, RMD, others, don't make me go to DBR for help here. ;)

[YmoBeThere]

I consult my old roommate for legal advice on occasion. I'm sure it drives him crazy. Hey, he did use my stereo for 2 1/2 years during undergrad.

[rockymtn devil]

I don't do criminal law and I know little to nothing about criminal procedure, so I'm not the person to ask.

What I can say is that, in Colorado, the default procedural rules are the state Code of Criminal Procedure (as well as any federal Constitutional considerations). There are, however, municipal court rules that are often different. For example, in County/District Court, a prisoner must be tried no later than 180 days after arraignment. In muni court, that number is 90 days.

You can probably find some of what you're looking for at either the UVA law school website or Virginia's revised statutes (which should be available online for free).

[cl15876]

For the attorneys out there, or anyone that knows general criminal legal procedure.

I'm having a fellow arrested in my book. My main character is going to get him an attorney. My question was, how do things generally work? Can anyone visit someone in jail, or can he only be visited by an attorney before arraignment? What happens at arraignment? How long does it take between arrest and arraignment, especially if you're arrested on a Sunday? Is arraignment where you're charged and bail is set? What happens after that? Can anybody visit somebody in jail? How does that work? If a prisoner refuses to provide things like a full name and address, or ID, what happens then? Would the judge rule him a flight risk and not set bail? Could they even arraign him without a full name?

The crime he's being accused of is breaking into an apothecary museum and stealing some herbs that weren't for sale, but for display (things like nightshade).

Thanks.

In which jurisdiction is your character located? If he's in North Carolina, I can help you. If he's not in North Carolina, the rules may be different.
Seriously, you need to ask a criminal defense attorney who practices in that jurisdiction in order to make the scene authentic.
Also, is this story occurring currently or in the past? That will make a difference, as the rules and procedures have changed somewhat over the years.

I realize that it's different from area to area, but I'm just trying to get a general idea. I've seen the flow chart on the internet of how the order generally goes from arrest to trial to sentencing, but it doesn't have little things like who can visit prisoners and when, or what happens if a guy refuses to give his full name. The area would be up here in NoVA, and it takes place in early 2009. If you could give me a rundown of how it works down where you work, it would be great. Even if it's a little different, it'll be close enough for now. Plus, it might give me a better idea of how to search for it more effectively.

Also, are these rules generally state defined, or is every county different?

Thanks.

Joe - from my understanding a visitor list is required. Might I suggest the experience for you and your kids, head out PW jail or Fairfax Cty Jail and ask the questions of the guards there or possibly the Majistrate and you will most likely get more information than you desired. Go for it, all they can do is say no or hang up! I'll ask my divorce attorney/friend when I catch up with him also on another matter and he handles criminal law up in Manassas also and let you know what he says.