FRESNO, Calif. — Fresno County Superior Court Judge Jon Kapetan partially granted an accused person’s request Monday, Nov. 9, to postpone his arraignment while he raised money to hire a private attorney, allowing a three-month delay rather than the six months requested.
During the misdemeanor court proceeding, the accused requested that his arraignment be postponed until May 2027, explaining that he needed additional time to save enough money to retain private counsel.
Deputy Public Defender Alden P. Thiriot, who had been representing the accused, informed the court that his client wanted to change attorneys and obtain private representation.
Following Thiriot’s announcement, Kapetan addressed the accused directly about his request.
Kapetan asked whether the accused had begun searching for a private attorney. The accused responded that he was actively looking and had already received responses from three attorneys.
When Kapetan asked how much time he needed, the accused requested that his arraignment be postponed until May 2027, approximately six months after the hearing.
The accused explained that he needed that amount of time to accumulate sufficient funds to hire private counsel.
Neither the accused nor Thiriot explained why the accused wanted to change attorneys, and the accused did not describe how he intended to raise the money.
Kapetan appeared surprised by the length of the requested postponement.
“Did you say May!?” Kapetan asked, leaning forward from the bench and speaking in a raised voice, according to courtroom observations.
The judge rejected the proposed May date and suggested an earlier hearing.
“How about January?” Kapetan asked.
Before making a final decision, Kapetan asked the prosecution whether the accused had any prior criminal history.
Deputy District Attorney Sebastian Wenthe informed the court that the accused had no prior criminal record and that the pending misdemeanor case involved his first alleged offense.
Wenthe did not object to the accused’s request for additional time.
Despite the prosecution’s lack of objection, Kapetan initially maintained that the arraignment should be scheduled for January.
After considering the accused’s lack of criminal history and his demeanor in court, however, Kapetan reconsidered the proposed date.
“You know what, you’re a nice gentleman,” Kapetan told the accused before suggesting a February hearing.
The accused agreed to the February date but reiterated that he would have preferred to wait until May because he needed more time to raise the money for a private attorney.
Kapetan declined to grant the full six-month postponement.
The judge then proposed Feb. 11, 2027, as the new arraignment date.
Neither the prosecution nor the accused objected to the proposed date.
Kapetan scheduled the arraignment for Feb. 11, 2027, effectively granting the accused approximately three months to pursue private representation rather than the six months he originally requested.
The specific misdemeanor charges against the accused were not stated during the proceeding.
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