Most Asked Questions

Facing criminal charges? Here are the most common questions from people who have been in a similar situation.

If you have recently been charged with a crime, chances are you have a lot of questions about the legal system and what you're about to face. This page aims to help answer many of those questions and give you a better sense of what to expect.

Hire an Attorney
It is crucial to have legal representation. If you cannot afford an attorney, one may be appointed to you by the court.

Understand Your Charges
Make sure you understand the charges against you. Your attorney can help explain the charges and potential consequences.

Invoke Your Right to Remain Silent
You have the right to remain silent. Anything you say can be used against you in court. It’s generally advisable to wait until you have legal representation before making any statements.

Do Not Consent to Searches Without a Warrant
You have the right to refuse a search of your person, home, or belongings without a valid warrant. Be aware of your rights and consult with your attorney before consenting to anything.

Appear at Court Hearings
Attend all court appearances as required. Failure to appear can result in additional charges.

Bail
If you are arrested, you may be eligible for bail. Your attorney can guide you through the process of requesting bail.

Gather Evidence
Work with your attorney to gather evidence that may support your defense. This may include witness statements, documents, or other relevant information.

Explore Plea Options
Your attorney may negotiate with the prosecution for a plea deal, which could result in reduced charges or sentencing. However, this depends on the circumstances of the case.

Prepare for Trial
If the case goes to trial, your attorney will help you prepare your defense. This may involve gathering evidence, interviewing witnesses, and developing legal arguments.

Follow Court Orders
Adhere to any court orders, such as attending counseling or other programs if required.

Remember, legal proceedings can be complex, and the information provided here is general in nature. Consult with a criminal defense attorney to discuss the specifics of your case and to receive personalized advice.

Not all lawyers will accept legal aid, but many do. If you need financial assistance, first find out if you’re eligible for legal aid by visiting the legal aid society website in your state. If you are eligible, talk to your lawyer to see if they accept legal aid. 

Be aware that many lawyers try to make payments as painless as possible by offering various types of payment plans. Before  you make any decisions, talk to your lawyer so you can get started on your defense right away.

In the United States, a felony is a more serious criminal offense than a misdemeanor. Felonies are typically classified based on the severity of the crime and carry more severe penalties, including longer prison sentences, fines, and other consequences. Some common examples of felonies include murder, robbery, burglary, arson, kidnapping, and certain drug offenses.

Key characteristics of felonies include:

Severity
Felonies are generally considered more serious crimes compared to misdemeanors. The severity of the offense is often a determining factor in classifying it as a felony.

Penalties
Penalties for felony convictions can include imprisonment in a state or federal prison, fines, probation, parole, and restitution to victims.

Loss of Rights
Conviction of a felony may result in the loss of certain civil rights, such as the right to vote, own firearms, or hold certain professional licenses.

Long-Term Consequences
Felony convictions can have long-term consequences, affecting employment opportunities, housing options, and the ability to qualify for certain government assistance programs.

Grand Jury Indictment or Information
In many cases, a felony charge is preceded by a grand jury indictment or a formal charging document known as an information.

It’s important to note that felony classifications and their associated penalties can vary by jurisdiction. Each state has its own criminal code, and federal law also defines felonies. The severity of a felony may be categorized based on degrees or classes, with higher degrees or classes generally associated with more serious offenses.

If you are facing felony charges, it is crucial to consult with a qualified criminal defense attorney who can provide guidance based on the specific laws in your jurisdiction and help you navigate the legal process.

An arraignment is a court proceeding during which a defendant is formally informed of the charges against them and is asked to enter a plea to those charges. The arraignment is one of the initial stages in the criminal court process, typically occurring shortly after the arrest and the filing of charges.

Key elements of an arraignment include:

Charge Notification
The defendant is informed of the charges against them. This is an essential step to ensure that the accused understands the nature of the allegations.

Legal Representation
The defendant is advised of their right to an attorney. If the defendant does not have an attorney, they may be provided with an opportunity to request one or may be appointed a public defender if they cannot afford one.

Plea Entry
The defendant is asked to enter a plea to the charges. The three common pleas are:

  • Guilty: Admitting to the charges.
  • Not Guilty: Denying the charges and contesting them.
  • No Contest (Nolo Contendere): Neither admitting nor denying the charges, but not contesting them. This plea is treated similarly to a guilty plea for sentencing purposes.

Setting Bail
If the defendant is in custody, the court may address bail during the arraignment. The judge may set bail conditions or decide whether the defendant can be released on their own recognizance.

Setting Future Dates
The court may schedule future court dates, including dates for pretrial hearings or the trial itself.

Reviewing Rights
The defendant is reminded of their rights, including the right to remain silent and the right to a fair and speedy trial.

It’s important to note that the specific procedures of an arraignment can vary by jurisdiction. In some cases, arraignment may be combined with other initial appearances or hearings. Additionally, some jurisdictions may use different terms or have slightly different procedures, so it’s advisable to consult with a legal professional for guidance specific to your situation and location.

If you’ve been charged with a crime, it is generally required that you attend court proceedings related to your case. Failure to appear in court as required can result in serious consequences, including the issuance of a warrant for your arrest, additional charges, and potential forfeiture of bail.

Here are some key points to consider:

Arraignment
It’s crucial to attend your arraignment, where you will be formally informed of the charges and asked to enter a plea. This is one of the earliest court appearances in the criminal justice process.

Subsequent Hearings
After the arraignment, there may be other court hearings, such as pretrial hearings, motions hearings, or the actual trial. Attendance at these hearings is generally mandatory unless your attorney advises otherwise.

Trial
If your case goes to trial, your presence will likely be required. Trials involve presenting evidence, examining witnesses, and making legal arguments, and your participation may be necessary.

Compliance with Court Orders
Adhering to court orders is crucial. This includes attending required hearings, complying with bail conditions, and following any other instructions from the court.

Communication with Your Attorney
Stay in close contact with your attorney. If there are valid reasons why you cannot attend a court appearance, your attorney can advise you on the best course of action and may be able to request a continuance or take other appropriate steps.

If you have concerns about attending court or face challenges in doing so, it’s essential to communicate these issues with your attorney as soon as possible. Your attorney can guide you on the best course of action and may be able to make arrangements with the court if necessary.

Failure to appear in court can have serious consequences and may negatively impact the outcome of your case. Always seek legal advice and follow the guidance provided by your attorney and the court.

If a warrant has been issued for your arrest, it’s generally not something that you can remove on your own. However, there are legal processes and actions that can be taken to address the warrant. Here are some steps that may be considered:

Appear in Court
If a warrant has been issued in connection with a court case, appearing in court as required is essential. This may involve turning yourself in to the authorities.

Contact an Attorney
Consult with a criminal defense attorney as soon as possible. An attorney can provide guidance on the specific circumstances of the warrant, advise you on the best course of action, and potentially negotiate with the court on your behalf.

Quash or Recall the Warrant
In some cases, an attorney may be able to file a motion with the court to quash or recall the warrant. This typically involves presenting reasons why the warrant should be canceled or withdrawn.

Surrender to Law Enforcement
If a warrant has been issued for your arrest, it may be in your best interest to surrender yourself to law enforcement rather than waiting to be arrested. This can be done with the assistance of your attorney, who can help coordinate the process.

Post Bail or Bond
Depending on the circumstances, posting bail or bond may be a part of the process to secure your release. This can be discussed with your attorney.

Address the Underlying Issue
Often, warrants are issued in connection with specific legal matters, such as failure to appear in court, probation violations, or other legal issues. Resolving the underlying legal matter is crucial to addressing the warrant.
It’s important to note that the specific procedures and options for addressing a warrant can vary based on the jurisdiction and the nature of the case. Consulting with an attorney is highly recommended to navigate the legal process effectively.

Ignoring a warrant or attempting to evade arrest can lead to more severe consequences. If you are aware of a warrant for your arrest, it’s important to take prompt and appropriate legal action to address the situation.

We generally advise against speaking to the police or providing a statement without the presence and guidance of your attorney. Here are a few reasons for this:

1. Right to Remain Silent: You have the constitutional right to remain silent to avoid self-incrimination. Anything you say to the police can be used against you in the investigation and potentially in court. It’s important to exercise this right and not provide potentially incriminating information without the advice of your attorney.

2. Complex Legal Procedures: The legal system can be intricate, and you may not fully understand the potential consequences or legal implications of your statements. Law enforcement may use various tactics to elicit information, and it’s easy to inadvertently say something that can be misconstrued or used against you. Your attorney can help ensure that your rights are protected and guide you on what to say and when to say it.

3. Lack of Control Over the Situation: When speaking to the police without an attorney, you may be at a disadvantage, as they are trained investigators who are skilled at extracting information. They may ask misleading or ambiguous questions, put pressure on you, or use other techniques to gather evidence. Having legal representation empowers you to navigate the process and have someone advocating for your interests.

4. Investigation is Ongoing: It’s important to remember that at the early stages of an investigation, law enforcement may not have a complete picture of the situation. Providing a statement without understanding the full extent of the evidence against you can be risky. Your attorney can assess the evidence, advise you on the strength of the case against you, and help you make informed decisions.

5. Risk of Unintentional Self-Incrimination: Even if you believe you are innocent or have nothing to hide, statements made to the police can sometimes be misconstrued or misinterpreted. It’s easy to make innocent mistakes or provide inaccurate information unintentionally. Consulting with your attorney ensures that you have someone who can help protect your interests and guide you through the legal process.

Yes, as a criminal defendant, you have the right to challenge the charges brought against you. Challenging the charges involves asserting defenses, presenting counterarguments, and contesting the evidence and legal basis for the prosecution’s case. Here are a few common ways to challenge charges:

1. Lack of evidence: You can challenge the charges by arguing that the prosecution lacks sufficient evidence to prove your guilt beyond a reasonable doubt. This may involve challenging the credibility or reliability of witnesses, disputing the admissibility of certain evidence, or presenting alternative explanations for the events in question.

2. Violation of Constitutional Rights: If law enforcement or other authorities violated your constitutional rights during the investigation, arrest, or collection of evidence, you can challenge the charges on the grounds of a constitutional violation. This may include issues related to unlawful search and seizure, Miranda rights violations, or due process violations.

3. Defenses: You can present various defenses depending on the specific circumstances of your case. Common defenses include self-defense, alibi, lack of intent, duress, necessity, or mistaken identity. Your attorney can assess the facts of your case and advise you on the most appropriate defense strategy.

4. Legal Technicalities: In some cases, there may be legal technicalities or procedural errors that can be challenged. These could include violations of the statute of limitations, improper charging, or improper handling of evidence.

5. Plea Negotiations: It’s important to note that challenging the charges does not necessarily mean going to trial. Your attorney may engage in plea negotiations with the prosecution to seek a more favorable outcome. This may involve reducing charges, seeking alternative sentencing options, or exploring diversion programs.

A criminal lawyer can provide invaluable assistance throughout your case. Here are some ways in which a criminal lawyer can help you:

1. Legal expertise & Advice: A criminal lawyer has a deep understanding of criminal law and the legal system. They can provide you with accurate and up-to-date information about the charges against you, the potential consequences, and the legal options available. They can assess the strengths and weaknesses of your case, help you understand the possible outcomes, and guide you on the best course of action.

2. Protection of Your Rights: Your criminal lawyer is dedicated to protecting your rights throughout the legal process. They ensure that your constitutional rights are respected, such as the right to a fair trial, the right to remain silent, and the right to legal representation. They can advise you on when and how to exercise your rights and can intervene if there are any violations or abuses of your rights.

3. Investigation & Gathering Evidence: A criminal lawyer can conduct a thorough investigation into your case. They can review police reports, interview witnesses, analyze evidence, and gather additional evidence that can support your defense. They have the experience and knowledge to identify potential weaknesses in the prosecution’s case and develop strategies to challenge the evidence against you.

4. Defense Strategy Development: Based on their analysis of the evidence and their understanding of the law, a criminal lawyer can develop a strong defense strategy tailored to your case. They can identify viable defenses, evaluate potential plea options, and advise you on the best approach to achieve the most favorable outcome. They can also negotiate with the prosecution on your behalf and seek reduced charges or alternative sentencing options when appropriate.

5. Courtroom Representation: Your criminal lawyer will represent you in court proceedings. They will prepare and present your case, cross-examine witnesses, present evidence in your favor, and argue legal motions. They have the skills and experience to present your defense effectively, challenge the prosecution’s case, and advocate for your interests before the judge and jury.

6. Mitigation & Sentencing Advocacy: If a conviction occurs, your criminal lawyer can advocate for the most favorable sentence possible. They can present mitigating factors to the court that may help reduce the severity of the sentence. They can argue for alternative sentencing options, such as probation, diversion programs, or rehabilitation, when appropriate. Their goal is to secure the best outcome for you in terms of minimizing the impact of the conviction.

To protect your rights and build a strong defence, here are some steps you can consider taking:

1. Seek Legal Representation: Consult with an experienced criminal defence attorney as soon as possible. They will guide you through the legal process, provide personalized advice based on your case, and protect your rights at every stage.

2. Document Your Memory of Events: Write down your account of the events in question while the details are still fresh in your memory. Include any relevant information, such as dates, times, locations, and people involved. These notes can serve as a useful reference for your attorney during case preparation.

3. Provide Full Disclosure to Your Attorney: Be honest and open with your attorney about all the details surrounding your case. This includes any prior criminal history, witnesses, or information that may be relevant. Complete disclosure enables your attorney to develop an effective defence strategy based on all available information.

4. Stay Informed About Your Case: Stay actively involved in your defence by staying informed about the progress of your case. Regularly communicate with your attorney, ask questions, and seek clarification on any matters you may not understand. Being informed empowers you to make informed decisions and actively participate in your defence.

5. Prepare for Court Appearances: Work closely with your attorney to prepare for court hearings, including trial if necessary. Familiarize yourself with the courtroom procedures, dress appropriately, and be punctual for all court appearances. Your attorney will guide you on how to present yourself and conduct yourself in court.

6. Consider Plea Options: If the prosecution offers a plea deal, carefully evaluate it with the guidance of your attorney. They will explain the potential benefits and drawbacks of accepting a plea offer and help you make an informed decision that aligns with your best interests.