|
 |
 |
|
| |
|
|
Frequently Asked Questions (FAQs)
|
The following is a list of our Frequently Asked Questions. If you need more information
do not hesitate to contact us anytime for a FREE and CONFIDENTIAL consultation.
If I am convicted of a crime, will anyone know that I have a conviction on my record?
Is a misdemeanor conviction public record?
Is a felony conviction public record?
What is the difference between a misdemeanor and a felony?
Should I represent myself?
Why would I ever plead guilty to the charges?
When do I tell my story?
Do I need an attorney at my arraignment?
What if I don't like my public defender?
What if I think the judge or prosecutor is biased?
What are my Miranda Rights?
What type of sentence will I receive?
How long does a misdemeanor trial take?
How long does a felony trial take?
Can I just have my attorney represent me, so I don't have to show up?
When can a police officer search me or my property?
If I am convicted of a crime, will anyone know that I have a conviction
on my record?
Although a conviction such as a drug crime, juvenile crime, sex crime,
white collar crime or violent crime is public record and may be reviewed by the general public,
you may be able to expunge a conviction depending on the nature of the crime committed.
Back to the Top
Is a misdemeanor conviction public record?
Yes; however it is possible to have the misdemeanor cleared from your record with
an expungement.
Back to the Top
Is a felony conviction public record?
Yes; however it is possible to have the misdemeanor cleared from your record with
an expungement.
Back to the Top
What is the difference between a misdemeanor and a felony?
A misdemeanor is not as serious an offense, and it usually only carries a maximum
sentence of one year in county jail. On the other hand, a felony is a very serious
crime that may carry a sentence of over one year in state prison. Felonies can
result in life imprisonment or even the death penalty.
Back to the Top
Should I represent myself?
You can always represent yourself without the services of an attorney; however
that decision is one that you may regret for the rest of your life. If you are
only facing a small fine, you may want to save the money and represent yourself.
However, if you are facing a misdemeanor which may result in county jail time,
or facing a felony which may entail years in prison, or you wish to avoid any
kind of conviction, you MUST hire a private criminal defense attorney to look
after your interests.
Back to the Top
Why would I ever plead guilty to the charges?
Most judges will offer a lighter sentence in exchange for a guilty plea at the
arraignment. By pleading guilty and avoiding a court trial, you may receive
a lesser punishment and avoid a potential harsher penalty. In addition, a guilty
plea quickens the criminal process and eliminates a lengthy and extremely stressful
trial process.
Back to the Top
When do I tell my story?
Tell us your story immediately. Your story is a critical piece of the puzzle
that aids the judge and jury in deciding the outcome of your case. Whether you
are charged with embezzlement, molestation, drunk driving, drug possession,
petty theft, domestic violence or any other crime, it is important to tell your
story to a criminal defense lawyer while the incident is still fresh in your
mind. It is crucial to remember that what you say may be used against you, so
do not tell your story to anyone besides YOUR criminal attorney. Of course the
trial is the primary period of time where you have the opportunity to present
your story, however there are many other options to avoid going to trial.
Back to the Top
Do I need an attorney at my arraignment?
YES! Although many people believe they may be able to handle this hearing without
the presence of a criminal lawyer, it is very helpful to have a criminal lawyer
there defending you. A criminal defense attorney may be able to lower your bail
or even negotiate to have you released on your own recognizance (O.R.) without
putting up any money.
Back to the Top
What if I don't like my public defender?
Your rights are limited to the appointment of the public defender that is chosen
for you. To receive a new public defender, you must prove to the court that
his/her representation is incompetent. It can be very difficult. To avoid this
predicament, it is best to hire a criminal defense attorney who you are comfortable
with and know will get the job done right. If you are charged with any crime
such as burglary, battery, assault, child abuse, domestic violence, embezzlement,
petty theft or any other criminal charge, you should not take chances with your
freedom. Contact our criminal defense law firm now so that we may provide you
with a confidential and free consultation.
Back to the Top
What if I think the judge or prosecutor is biased?
If you have a fair argument as to why you believe the judge or prosecutor is
biased against you, your attorney may ask the judge to withdraw from the case
or your attorney may file a motion with the court.
Back to the Top
What are my Miranda Rights?
Once you are in police custody, you must be informed of your constitutional
right to remain silent before being interrogated. If the police did not inform
you of these rights, called Miranda Rights, your constitutional rights have
been violated. In the event that your rights have been violated, that does not
necessarily mean that you are not guilty. It means that our criminal lawyers
will have a good opportunity to have any statements made or any evidence gathered
as a result of the violation found inadmissible in a court of law - and that
would significant help in your defense.
Back to the Top
What type of sentence will I receive?
Sentencing is decided by the judge. The judge looks at the surrounding circumstances,
specifically the nature of the case, your past criminal history, and whether
you are a threat to the community. Sentencing options range from mere community
service to imprisonment in a penitentiary.
Back to the Top
How long does a misdemeanor trial take?
A misdemeanor trial may take anywhere from one day to two weeks. Our criminal
lawyers have extensive experience in all misdemeanor trials from drug crimes/alcohol
crimes to theft crimes.
Back to the Top
How long does a felony trial take?
The length of a felony trial depends on the nature of the case. Generally, felony
cases take between two months and one year to complete. Our criminal attorneys
have extensive experience in all felony trials from sex crimes and violent crimes
to white collar crimes and juvenile crimes.
Back to the Top
Can I just have my attorney represent me, so I don't have to show up?
There are stages of the criminal process where you do not need to appear. However
it is very important to check with your attorney before you decide to be absent.
If you are not able to appear you must contact your attorney or the court clerk
and inform them of your situation. Please contact our criminal law firm and discuss
your case so that we may determine whether or not your appearance is necessary
at your next court date.
Back to the Top
When can a police officer search me or my property?
A police officer can search your person or your property if you provide the
officer with consent to do so, or if the officer presents you with a search
warrant. It is important to note that a police officer may conduct a search
without your consent and without a search warrant under special circumstances
such as emergencies.
|
|
|