Criminal FAQs
Q: When Should You Contact An Attorney?
A: IMMEDIATELY! Time is of the essence.
If you are arrested or under investigation for DUI or any criminal offense, you should contact a Defense attorney as soon as possible. Even if you believe that you are innocent of the charges against you or if your case is still under investigation, you need competent legal representation to protect your rights.
Q: Why Do You Need An Attorney?
A: Only an experienced attorney can evaluate your case and determine the likelihood of success at trial or, in the alternative, negotiate a favorable plea-bargain.
Before charges are actually filed against you, your attorney may be able to provide evidence to the prosecutor or police that may persuade them not to file charges against you. Early planning gives your attorney more time to conduct a thorough investigation and preserve any evidence in your favor. After charges have been filed against you, your attorney will evaluate whether it is in your best interest to proceed to trial. Your attorney will develop the best strategy to build a winning Defense. However, if a trial is not in your best interest, your attorney will then negotiate a favorable plea bargain.
Q: Should You Talk To The Police?
A: Absolutely not! Make no statement and sign nothing!
If the police are investigating you, you may or may not be aware of it. At some point, they may ask you to come into the station and make a statement. You may believe this is your chance to tell your side of the story. Don't do it! Be aware, this is a very dangerous time for anyone charged or under investigation for an offense. Do not allow the police to scare or intimidate you into answering their questions. Some police officers will do or promise almost anything in an attempt to coerce or trick you into giving a statement. Instead of talking to the police, you should consult with an attorney immediately. Your attorney will intercede on your behalf and talk to the detectives for you. This is a great way to provide valuable information regarding your innocence and may result in charges not being filed against you. More importantly, doing so will keep you from giving a statement that will undoubtedly be used against you. Know this, the police are not there to clear you of the charges. The police are there to gather as much evidence as they can to make a case that will eventually lead to a conviction. Any statement you make will ultimately be used by the prosecution at trial. Remember, it is your absolute right to say nothing. Exercise it!
Q: WHAT IF THE POLICE DIDN'T READ ME MY RIGHTS?
A: That depends on the situation.
When most people speak about "reading my rights" they are referring to their Miranda rights, ie., Right to remain silent, Right to have Lawyer, etc. The police are not required to read you your rights just because you are arrested. However, if they do not read these rights to you and then question you about the case, any answers you give can be suppressed (kept out of the trial). This is very important if your answers are what link you to the crime.
Q: WHAT IF THE DEFENDANT IS IN JAIL?
A: When you hire a criminal Defense attorney, the attorney can file a motion with the court to have the bond reduced or ask for the defendant to be released on his own personal recognizance ("PR").
Q: HOW DO I GET SOMEBODY OUT ON BOND?
A: If there is a bond already set, you will need to contact a bondsman who can the post the appropriate bond for the defendant. The bondsman charges a fee for this service which is usually ten percent of the bond amount, ex. If the bond is $5,000 then you will need to pay the bondsman $500 to post the bond. Remember, the money you pay the bondsman is not returned, that is his profit for posting the bond.
Q: WHAT IS THE DIFFERENCE BETWEEN A MISDEMEANOR AND A FELONY?
A: The difference between a misdemeanor and a felony is the range of punishment possible for an offense.
Misdemeanor:
A misdemeanor is an offense that has a penalty that can include up to one year in jail. The least serious offenses are considered infractions for which the penalty is generally only a fine. These offenses are generally quick and simple to resolve. Most misdemeanors are handled by the issuing of a summons from an arresting officer or a warrant issued by a magistrate. There is often a criminal complaint, a statement of the facts of the case, and states whether the offense is a misdemeanor or a felony. Misdemeanors are divided into four classes (I, II, III, and IV). A Class I misdemeanor is the most prevalent and most serious of all. Class I misdemeanors include possession of marijuana, petty larceny (shoplifting), assault and battery, and misdemeanor bad check. Also, several serious traffic offenses (DUI/DWI, driving on suspended, reckless driving, etc.) are listed as Class I misdemeanors.
Felony:
Felonies are criminal offenses with maximum penalties greater than one year in prison. Felony charges include murder, malicious wounding, and armed robbery, as well as grand larceny, possession of drugs and other serious charges. Remember, the classification of a crime as a felony is based upon the maximum sentence provided by law, not by the sentence actually imposed by the court.
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