|
The following is a list of our Frequently Asked Questions. If you need more information please 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 arrest or conviction public record?
Is a felony arrest or 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 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?
Do I have to come to court or can my attorney represent me without my having to be there?
When can a police officer search me or my property?
What is an expungement?
If I am convicted of a crime, will anyone know that I have a conviction on my record?
As soon as you are arrested or cited, your name and charges are entered into a database that can be reviewed by the general public. Your current and future employers may request a copy of your criminal record to receive this information. It is possible to have most charges that you are found not guilty of or were dismissed by the State, expunged, or removed from, your record. There are a few instances where you may be able to have a misdemeanor conviction expunged as well.
Back to the Top
Is a misdemeanor arrest or conviction public record?
Yes. As soon as you are arrested, your name and charges become public record. Even if you are found not guilty or the case is dismissed, that information remains on your record unless you have it expunged. Most misdemeanor convictions are not expungeable and are public record.
Back to the Top
Is a felony arrest or conviction public record?
Yes. As soon as you are arrested, your name and charges become public record. Even if you are found not guilty or the case is dismissed, that information remains on your record unless you have it expunged. Most felony convictions are public record and are not expungeable.
Back to the Top
What is the difference between a misdemeanor and a felony?
A misdemeanor, while serious, is not as serious as a felony. It is possible to resolve a misdemeanor with community service, by taking a class, probation or time in the county jail. A felony is a very serious crime that may carry a sentence of over one year in state prison, life imprisonment or even the death penalty.
Back to the Top
Should I represent myself?
You have the right to represent yourself instead of retaining an attorney, however, you may not know what repercussions your self representation may have. Some charges only carry a fine but others include license suspension, lengthy probation or even active jail time. You may not be able to apply for certain jobs or enter the military if you plead guilty or are found guilty. So, before representing yourself, you should contact our office for a free consultation to see what you may be facing.
Back to the Top
Why would I ever plead guilty to the charges?
Most District Attorneys will consider dismissing some of the charges, if there are multiple charges, in exchange for a guilty plea. By saving the Court some time, most judges will impose a lighter sentence in exchange for a guilty plea because a guilty plea quickly eliminates a case from the court docket.
Additionally, there may be facts of your case that you do not want made public because of other pending matters, privacy or these facts could make your sentence worse. Please contact our criminal team to assist you on the best plan of action for your particular set of circumstances.
Back to the Top
When do I tell my story?
At your free consultation with us. Your story is critical information that our criminal attorneys need to assess your case. It is important to tell your story to your defense lawyer while the incident is still fresh in your mind. PLEASE remember that what you say to anyone besides your criminal attorney may be used against you, so do not tell your story to anyone else.
Back to the Top
Do I need an attorney at my arraignment?
We highly recommend it because a criminal defense attorney may be able to lower your bail or even negotiate to have you released on your own without putting up any money.
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 may have been violated. Although your rights may have been violated, that does not necessarily mean that you are not guilty. What it does mean is that our criminal lawyers will have an opportunity
to use this violation in your defense.
Back to the Top
What type of sentence will I receive?
Sentencing is decided by the judge according to guidelines set out by the legislature. The judge looks at the surrounding circumstances, including the nature of the case, your past criminal history, and whether you are a threat to the community. Sentencing options range from community service to incarceration.
Back to the Top
How long does a misdemeanor trial take?
A misdemeanor trial usually takes anywhere from one day to a few days. Our criminal lawyers have extensive experience in all misdemeanor trial crimes and are willing to evaluate your case to determine if a trial is in your best interests.
Back to the Top
How long does a felony trial take?
Most felony cases are resolved before the trial stage but the length of a felony trial depends on the nature of the case. On average, felony cases may take between two months and one year to complete. Contact us to evaluate your case details to determine what we believe will be the best strategy for your situation.
Back to the Top
Do I have to come to court or can my attorney represent me without my having to be there?
There are stages of the criminal process where you do not need to appear. Our team can help you in determining when you will need to be present in court. Staying in communication with our office is the best way to know when you need to appear in court and how your case is progressing. Above all, you should never determine yourself that you are not going to appear at your court date and not tell your attorney. Please contact us and discuss your case so that we may determine whether or not your appearance is neccessary 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. You should note that there are special circumstances when an officer is allowed to search without either. Please contact us to see if your legal situation is one of these exceptions.
Back to the Top
What is an expungement?
An expungement is an action where someone who is eligible requests the Court to remove a charge from their criminal record. If certain criteria are met, that charge may be removed from your record and all files with that information are sealed. Please call our office to see if we can assist you in cleaning up your criminal record.
Back to the Top
You should always get an individualized case analysis to determine if your rights have been violated. Please contact us at (910) 452-4520 for a FREE phone or in person confidential consultation.
|
