Frequently Asked Questions
[FAQ’s]
How will I know if a criminal charge
was filed against me?
A person could be arrested
when the police are called to a crime scene or shortly thereafter if there is enough evidence for
probable cause to arrest that suspect. Sometimes the police will refer the case
to the State Attorney’s Office to determine if an arrest should be made. In
that case a warrant for the arrest would issue and the accused would then be arrested on the warrant.
If you think you might be arrested, you should immediately consult with a criminal defense
attorney to find out what your rights are and how you can best protect your rights.
How soon do I need to talk to an attorney?
In the criminal justice process you should contact and interview with an experienced criminal
defense lawyer as soon as possible. Don’t hesitate to call a lawyer. You
can discuss your case, your rights, what you should do right away and have all of your questions answered. Don’t wait! An experienced criminal defense lawyer will have
access to court records; the police; and State Attorneys in the case filing section.
These prosecutors decide what charges to bring and whether charges will even be filed.
Your attorney can provide you valuable assistance during the pre-filing
stage of your case. An experienced criminal defense attorney will have
access to highly trained and experienced investigators and support staff that can make or
break your case early on.
What about being arrested and getting
a bond?
If the police decide that they are going to
arrest you, be calm to prevent physical force. Give your name, address and personal
background information that the police are entitled to in order to process your arrest and
booking. Never fight or try to run! However, do not talk
to the police about any facts or details concerning the crime they
are charging you with. You have a Constitutional Right to Silence
and a Constitutional Right to be Represented by
an Attorney before you say one word about this matter. If you waive
your rights, what you say to the police on audio or video tape or even in an offhanded
conversation could be used against you in a Court of Law. Say this “I
want to speak to a lawyer.” Even when you are innocent, never talk to the police because you will be waiving your Rights
and that can never help you.
Should I take a plea or prepare for trial?
Your lawyer will explore all of the options that would best benefit you.
There are pre-trial diversion programs available in certain circumstances that lead to the charges
being dismissed. Alternatively, charges could be reduced from felony to misdemeanor. Probationary sentences might mean no conviction or felony record. Based upon the evidence in the case and testimony of witnesses, sometimes it is wise to consider plea negotiations. However, an experienced criminal defense lawyer will approach every case as if it will ultimately go to a jury trial. Only through such disciplined preparation can you really make an informed decision whether or not to negotiate a plea. It is always your decision to make once you know the options. If the best available plea is not acceptable to you, the experienced criminal defense lawyer will already be fully prepared for the jury trial. That is the only
way to approach your case wisely.
How
much is this going to cost?
There is always expense
involved when you hire a person to orchestrate your defense. Fighting to defend
you on serious criminal charges to avoid conviction and incarceration will cost both legal
fees and expenses of your case. Some clients prefer to pay a flat fee arrangement for
the entire case paid in a lump sum up front. This can save them money. Other clients
prefer to pay an up-front initial retainer and pay again as the case progresses through the
remaining two phases of pre-trial preparation and for jury trial. This benefits them if the case is dropped or won early on. Clients can negotiate a payment schedule provided they make all payments on time. It is best to get the money matters worked out and arranged at the initial interview.
If
you have any questions contact me right now!
