Frequently Asked Questions - Criminal Cases
How much is an attorney going to cost me?
Isn't it just better to plead guilty and get it over with?
Who is really pressing charges against me?
The officer did not read me my rights, what does that mean?
Will I do time for this?
If you have been charged with a criminal offense that carries a possible prison or jail sentence, whether you will be sentenced to prison or jail time will depend upon a number of factors. Those factors can include; whether the police and prosecutors follow the rules in the prosecution of the case, whether any constitutional rights have been violated, whether the prosecutor can meet their burden of proving the case beyond a reasonable doubt, whether a judge or jury agrees with the prosecutor's position on the evidence, the type and nature of the charges against you, whether the law sets a mandatory minimum of time for any offense you are convicted of, whether you entered into a plea deal with the prosecutor and the type of plea deal, whether this is your first criminal charge, whether your were proactive in getting counseling or treatment for underlying drug or alcohol issues, and more. There is no short answer to this question. There are a number of case specific factors that have to be taken into account. No attorney can guarantee a result, but it is important to discuss your criminal case with an attorney when you may be facing time in custody if convicted.
Do I need an attorney?
Yes. When you are facing possible jail times or fines, everyone would benefit from the help of an attorney that understands the system and can ensure you are dealt with fairly. Most attorneys will offer a free consultation, so it makes sense to sit down with an attorney and at least get some information about your situation and your options. If you would like to sit down and discuss your situation with me, please contact me.
How do I find an attorney?
Ask around with friends and family. Do a search on the internet. Regardless of how you come up with some names and numbers, I recommend meeting with one or more attorneys for a free consultation. A meeting with an attorney regarding representation is confidential. Discuss your situation with the attorney openly and honestly. Get a feel for the attorney. If you decide that you are comfortable with the attorney, then maybe that is the right attorney for you. The attorney-client relationship is one of trust and confidence. A good attorney will not be offended if you want to meet with others before making a decision.
How much is an attorney going to cost me?
The cost of hiring an attorney will depend on the nature of the charges you are facing and the skill and experience of an attorney. It is always a good idea to meet with several attorneys and find one that you feel comfortable with. Any attorney should be willing to discuss their fee with you and will ask you to sign a fee agreement that clearly sets out what the fee is. Most criminal attorneys will work on either a flat fee basis or an hourly fee, with an advance deposit of attorney fees and cost. A flat fee is just that, a fee of a set amount based on the type of the case. With a flat fee, the charge to you will never change regardless of how long the case takes to resolve. With an hourly fee, the attorney will usually ask for a deposit of attorney fees and costs (sometimes incorrectly referred to as a "retainer") and they will bill against that advance deposit based on an hourly rate and time spent on the case. If the deposit is exhausted because the case is ongoing, then you may be asked to deposit additional money for the attorney to continue work on the case.
What is an arraignment?
An arraignment is one of the initial stages of a criminal case. At the arraignment the judge will advise you of the charges against you, advise you of some basic constitutional right that you have because you have been accused of a crime, the judge will ask you to enter a plea to the charges, and then the judge will set your conditions of release pending sentencing or trial.
What happens at a Grand Jury?
Prior to a felony case proceeding at the district court level, there needs to be a grand jury proceeding or a preliminary hearing. Some cases will be presented to a grand jury or for preliminary hearing after an arrest and first appearance, or some may begin with presentment to a grand jury or a preliminary hearing. Both proceedings are aimed at a showing that there is probable cause to believe that the accused committed a criminal offense and that the case should continue at the district court level.
Isn't it just better to plead guilty and get it over with?
Whether to plead guilty to any criminal offense is an important decision and one that should be made with the help of an attorney. Even if you feel it is the right thing to do to accept responsibility, you may be making a mistake in pleading guilty without consulting with an attorney first. There are rules that police and prosecutors have to follow. If they don't follow those rules, you should not be expected to plead guilty. Further, it may be that you made a bad decision somewhere along the line, but you may not have actually done something that is a crime. Unfortunately the system is not perfect, innocent people do get arrested and charged. When that happens you need someone to fight for you. I can do that. Contact me.
Who is really pressing charges against me?
On television we have all seen the witness of alleged victim that tells the prosecutor or police, "I don't want to press charges!" It makes for good television but is not entirely accurate. In a criminal case, with one exception, it is the prosecutor (District Attorney or United States Attorney) that is pressing the charges. There are plenty of examples where witnesses or alleged victims, in real life, will say that they want a case dismissed but the prosecutor or police will continue to prosecute the case. Once the police are called or they intervene in a situation, it can start a mechanistic process that results in cases being prosecuted when witnesses and others don't want it prosecuted. There are times when the decision by a prosecutor whether to take a case to trial or not can have more to do with politics and appearing tough on crime, that what is just.
The officer did not read me my rights, what does that mean?
The importance of whether you were advised of your rights or not, will depend on the circumstances of your case. If you were not advised of your rights (Miranda warnings), and you were interrogated by a government agent, and you were in government custody, then the statements made by you may not be allowed to be used as evidence against you. However, there are some exceptions to that rule. You will want to consult with an attorney about your particular situation. I offer free consultations. Please contact me to schedule an appointment.
Contact my office to schedule a free initial consultation. I am available for evening and weekend appointments upon request.
