Bond Arraignment Do I need a Lawyer

Hi, I would really appreciate some advice on a situation I am going thorugh. Last week I received a notice of a bond arraignment. I was completely shocked because I have not done anything wrong. The arraignment stated that my brother called the police one night and told them I pushed him and held him in a headlock it charged me with battery on a house hold member. The arraignment also stated that my brother was extremely intoxicated with bloodshot eyes and he did not even know his name. The night in question I did not even see my brother I was at a wedding rehersal with my fiance and a bunch of friends. My brother has a major drug and alcohol problem. He has recently overdosed on cocain in front of his 3 kids and was hospitalized for a week. The night in question he called me for money and I got upset with him and told him I did not have any money to give him. He then threatened me and said he was calling the cops on me as he has threatened me many times before. I did not take this seriously because he is my brother and I never thought he would do this to me. and like I stated before he likes to threaten me when he does not get what he wants. To make matters worse I am currently on probation and recently finished parole. I served 11 years in prison for CSP and have been out for 3 years. I have been doing really well, I have a fiance now we just had a baby and we are planning a wedding next year. I am working hard and I am trying to make a life with my family. I have not even taken a sip of alcohol since I have been out here. I would never do anything to mess things up especially go back to prison. So my question is with my background do I need a attorney? My brother has tried to call me and has left messages stating he would not go to court however since this has gone as far as it has gone I dont know if I need to hire someone. I would appreciate any advice you can give me.

Thanks,

This is a first appearance. I would like to know what jurisdiction you are in, but all you are going to be asked to do is to plead Guilty or Not Guilty. Since they did not come arrest you this may be a probable cause hearing at which time they first decide if there is enough information to charge you. If your brother does not show they will likely drop the charge altogether. Even if he does show, bring a couple people who were with you that night to show you were not even at the scene of the crime.

If you don't bring up any extraneous issues (I would not bring up your prison time, it is irrelevant) I do not see why you would need an attorney at this time. I would simply tell the Judge that your brother is a drug addict and alcoholic, that you were not at the scene that night, and that he called you for money (you might bring your phone bill to show he called you). If he called you it is unlikely you were there with him. If your witnesses come to say you were with them it is highly unlikely they will even find probable cause.

I don't see any chance, if your story is true, of you going back to prison over this...

What exactly is CPS as a crime, may I ask?

I would say bring a lawyer. Because when they are trying to figure out what bond to set, they are REALLY trying to figure out how much of a flight risk you are. The prosecutor is going to go real high, and an experienced attorney may be able to make a good argument that releases you on your own recognizance, or at least a low bond.

NY, this isn't really a bond hearing. It is more of a probable cause hearing where bond will "possibly" be discussed. You don't have BOND until you are arrested. If they had probable cause he would already be in jail. He was not found at the scene when the police came to take down the report. The brother probably showed no signs of the alleged assault, and the police didn't believe him. None-the-less they had to do something about it so they sent him a letter/subpoena to come to a probable cause hearing.

This is far more about probable cause than bond. While you are right that normally it would be very correct to bring an attorney, and it certainly wouldn't be a bad idea here; the fact pattern here is so thin I think he can handle it on his own. He has an alibi, the accuser has a known drug and alcohol problem, I doubt the accuser will appear, and even if he did he didn't have any injuries to corroborate his allegation of battery.

Your advise isn't bad, I just see this fact pattern to be so weak that an attorney hardly has anything to do.