If I have a court date set for2 misdemeanor charges, do I need a lawyer?

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If I have a court date set for2 misdemeanor charges, do I need a lawyer?

One is for giving false information (name) and the other is for criminal trespass in the third degree. I was under the influence of alcohol at the time.

Asked on September 16, 2011 under Criminal Law, New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Any time criminal charges are involved it is always advisable to a legal representation. Experienced defense counsel may be able to get the charges dismissed on a technicality, have them reduced, or even win an acquittal at trial if it comes to that. No matter the charge, a conviction can affect you for years to come - student loans, employment, even the ability to rent an apartment. If you can't afford a lawyer, one may be appointed if you meet income eligibility requirements. Either way, you should seek a criminal law attorney to help guide you through all of this.

Additionally, if you are a first-time offender, you may be eligible for "diversion". This is an alternative sentencing program that will "divert" you out of the criminal justice system if you successfully complete your probation. Accordingly, you will be left without a criminal record. If you are offered diversion by the prosecutor, you should still at the very least consult with a criminal defense attorney as to you rights/responsibilities under such a program.

Note: Diversion is for first-time offenders only. So if you should need it in the future it will not be available to you. This is why having a lawyer represent you in this matter who possibly get the charges dismissed, etc. might be a better way to go.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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