Criminal Defense: F.A.Q

What are my rights? If you are an adult, your citizenship does not matter, then before questioning the law enforcement
officer must inform you:

• You have the right to remain silent.
• Anything you say may be used against you.
• You have the right to have a lawyer present while you are questioned.
• If you cannot afford a lawyer, one will be appointed for you.
• If you are not given these rights, then statements you made to the law enforcement officer may be suppressed.

Can I be questioned?

You can only be questioned if you voluntarily agree to speak with the law enforcement officer. If you do voluntarily agree to speak with the law enforcement officer, then those statements can and will be used against you. If you do not voluntarily agree to speak with the law enforcement officer, then your statements may be suppressed.

When should I see a lawyer?

You should contact an attorney immediately after being arrest. This is a critical time. You have been arrested, however charges have not been filed. An attorney can represent your interests when speaking with either the state attorney office or law enforcement. Also, an attorney can explain the criminal process with more detail.

What if I can't afford a lawyer?

If you can not afford an attorney, then a Public Defender will be appointed to your case.

When is an arrest warrant issued?

A law enforcement officer will investigate a crime and take his finding to a judge to review. A judge will issue an arrest warrant if he believes there is probable cause that the suspected person committed a crime.

When can I be released?

If you post bail or a bond, then you may be released while your case in pending. If you can not afford to post a bond, then an attorney can request the Judge to lower your bond. This can be done at the jail, however the process can take several hours. You can pay with a cash bond or use a bail bondsman. A bail bondsman will post the bond and charge you ten percent of the bond. If you pay with a cash bond, then your entire bond will be returned at the close of the case.

What happens at an arraignment?

An arraignment is when a defendant formally answers to the charges against him/her. A defendant can enter a plea of guilty, not guilty, or no contest. If you retain our firm we will file a motion that will enter a not guilty plea on your behalf and you will not need to appear in court for your arraignment. Also, you will be notified of your next court date. Your next court date is your case management or pretrial conference date.

What happens at a case management or pretrial conference date?

During the case management or pretrial conference date, the Judge wants to know where the case is heading. Many things can happen. The case can be set for trial, continued, set for a motion to dismiss or motion to suppress. The case management or pretrial conference date is approximately three weeks after your arrest.

When can an officer conduct a search?

If an officer believes there is probable cause that you committed a crime then he may search you. Depending on if your car, home, or person is search, then items or statements may be suppressed, if the proper procedure was not followed by the law enforcement officer.

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