Why should I hire a criminal defense attorney?
If you have been charged with a crime, the guidance of a criminal attorney is important because he or she is an expert who understands the laws and court system as they pertain to your case. Having them represent you maximizes your rights.
What should I do if I have been arrested?
If you have been arrested, do not give police officers and other law enforcement officials a hard time. Doing so will likely only make your situation worse. You should answer all questions about your identification truthfully. This includes questions about your name, address, and birth date. You have the right to refrain from answering self-incriminating questions, but you should not lie.
What should I do if a loved one has been arrested?
Gather as much information as possible and write it down. This will help you help your loved one and will be of use to your attorney.
What you’ll want to have written down:
- The name, birth date and social security number of the arrested person.
- What he or she has been charged with.
- What law enforcement agency made the arrest.
- Where the arrested person being held.
- If bail has been set, what is the amount?
- When will the person be available?/When can you bail them out? (Some crimes will require a minimum holding period. Also, simply processing someone through the system takes varying amounts time.)
Criminal defense attorneys…
here to help when you need us the most.
Criminal acts – as opposed to the breaking of civil laws – refer to actions that have been declared illegal and which are prosecuted by the government (county, city, state, country) on behalf of its citizens. In criminal cases, a defendant must be found guilty beyond a reasonable doubt or they cannot be found guilty. This is opposed to civil laws, which most times deal with disagreements between individuals where no crime has been committed. (For instance, a landlord pursuing unpaid rent.)
We handle a wide variety of criminal cases, including DUI arrests, drug possession, traffic violations, to name but a few.
What is the difference between a misdemeanor and a felony?
Generally, crimes are divided into two categories (misdemeanor and felony) based on their severity: A misdemeanor is normally a minor crime, which is punishable by a fine or a light jail term (maximum penalty of one year or less). Common misdemeanors like traffic violations are sometimes even dealt with informally – without a trial.
A felony is a more serious crime, which is punishable by jail time of more than one year. Felonies include heinous crimes such as murder and rape.
However, under certain circumstances, some crimes can be either a misdemeanor or a felony, depending on the specific case. In general, state law governs which crimes are considered misdemeanors and/or felonies.
If I have been accused of a crime, what are my rights?
A criminal defendant is presumed innocent until proven guilty; this means the prosecutor must prove beyond a reasonable doubt that you committed the crime(s) in question.
The U.S. Constitution guarantees certain rights if you are accused of a crime:
- The right to remain silent in order to avoid self-incrimination;
- The right to competent legal representation;
- The right to reasonable bail;
- The right to a fair and public trial;
- The right to be informed of the charges against you;
- The right to be confronted with the witnesses against you and to gather witnesses of your own;
- As well as a number of other rights.
Also, search and seizure laws require law enforcement to obtain a search warrant before they are allowed to search a specific place, at a specific time, for specific persons, and for specific things, like evidence, contraband, and/or other items. However, there are some circumstances in which police do not need a warrant to search and/or arrest you.
What types of punishments do I face?
If you are convicted of a crime, you will then be sentenced. Sometimes punishment for a crime is governed by federal sentencing guidelines. In other cases, the sentence is up to the judge’s discretion; if so, the judge will take a variety of factors into account. Some instances even call for a jury to be involved in sentencing. No matter how sentencing is carried out, your sentence can vary depending on the jurisdiction (location of the case), the crime itself, the judge, (sometimes) the jury, and other specifics of the case.
Common punishments for criminal convictions:
- Incarceration (jail, prison, or other types of detention facilities);
- Punitive fines;
- Restitution [compensation to victim(s)];
- Probation; and
- Community service.
Other penalties may be specific to the type of crime. For instance, if you are convicted of DUI, you may be required to attend a drug or alcohol treatment program or you may face restriction or revocation of driving privileges or other punishments specific to that crime.
How do I get out of jail after an arrest?
After an arrest, bail will be set. Once bail has been set, the only way to get yourself or your loved one out of jail is to pay the bail “bond.” Paying bail means the suspect agrees to appear at subsequent legal proceedings. If they do not, forfeiture of the bond results, which means the loss of bail funds paid (?), the issuance of an arrest warrant (which means the suspect will be returned to jail), and the loss of subsequent bail privileges. Bail may be denied in certain criminal cases. For instance, if the suspect has been charged with a serious crime (like murder) or if the judge believes there is a high risk or that the defendant may flee.
