criminal defense questions

CRIMINAL DEFENSE FAQ

ANSWERS TO YOUR DEFENSE RELATED QUESTIONS!

The realm of criminal law is both complex and sensitive, demanding a knowledgeable and strategic approach. This page is dedicated to helping you get answers to all of your criminal defense questions!

CRIMINAL DEFENSE FAQ

ANSWERS TO YOUR DEFENSE RELATED QUESTIONS!

The realm of criminal law is both complex and sensitive, demanding a knowledgeable and strategic approach. This page is dedicated to helping you get answers to all of your criminal defense questions!

FIRST STEP GUIDE

TAKE THESE STEPS RIGHT AFTER BEING CHARGED WITH A DUI!

This guide is tailored to offer comprehensive information, addressing inquiries related to being charged with a DUI (Driving Under the Influence) and providing insights to navigate the legal complexities and potential consequences effectively!

FIRST STEP GUIDE

TAKE THESE STEPS RIGHT AFTER BEING CHARGED WITH A DUI!

This guide is tailored to offer comprehensive information, addressing inquiries related to being charged with a DUI (Driving Under the Influence) and providing insights to navigate the legal complexities and potential consequences effectively!

STEP ONE

UNDERSTAND THE CHARGES

Educate yourself about the specific DUI charges you are facing, including the associated penalties and potential consequences.

STEP TWO

GATHER EVIDENCE

Collect any relevant evidence, such as police reports, witness statements, and any documentation related to the incident.

STEP THREE

CONSULT YOUR ATTORNEY

Reach out to your criminal defense attorney to discuss your case, review the evidence, and receive legal advice on the best course of action.

STEP FOUR

DEVELOP A DEFENSE STRATEGY

Work closely with your attorney to formulate a strong defense strategy, which might involve challenging evidence, negotiating with the prosecution, or preparing for trial if necessary.

CRIMINAL DEFENSE FAQ

Find answers to all your questions related to Criminal Defense cases. If you don’t see your question below, use the form to the right to ask a question and one of our Attorneys will get back to you shortly!

ASK A QUESTION

What is a criminal defense attorney?

A criminal defense attorney is a lawyer who specializes in defending individuals or entities charged with criminal offenses in court.

When should I hire a criminal defense attorney?

It’s best to hire a criminal defense attorney as soon as you’re aware of any potential charges against you, or if you’re arrested or under investigation.

How much does a criminal defense attorney cost?

The cost varies widely based on the complexity of the case, attorney’s experience, location, and other factors. It’s important to discuss fees during your initial consultation.

Can I switch defense attorneys if I'm not satisfied?

Yes, you have the right to switch attorneys if you’re not satisfied with the current one. However, it’s important to consider the stage of your case and any potential impacts on your defense.

What rights do I have if I'm arrested?

You have the right to remain silent, the right to an attorney, and the right to be informed of the charges against you.

What is the role of a criminal defense attorney during trial?

A defense attorney’s role is to represent your interests, challenge evidence, cross-examine witnesses, and build a strong defense strategy to secure the best possible outcome.

Can I represent myself in a criminal case?

Yes, you have the right to represent yourself, but it’s generally not recommended due to the complexity of legal proceedings and potential consequences.

How do plea bargains work?

Plea bargains involve negotiations between the prosecution and defense to reach an agreement on a reduced sentence or lesser charges in exchange for a guilty plea.

What is the difference between a misdemeanor and a felony?

Misdemeanors are less serious crimes with typically shorter potential sentences, while felonies are more serious offenses with potentially longer sentences.

Can charges be dropped before trial?

Yes, charges can be dropped if the prosecution lacks sufficient evidence or if new evidence comes to light that exonerates the accused.

What is bail, and how does it work?

Bail is a monetary deposit that allows a defendant to be released from custody before trial. It’s intended to ensure the defendant’s appearance in court.

What is the "presumption of innocence"?

The presumption of innocence is the principle that a defendant is considered innocent until proven guilty in a court of law.

What is a criminal record?

A criminal record is a documented history of a person’s criminal convictions and sometimes arrests and charges.

Can I get my criminal record expunged?

In some cases, you may be eligible to have certain criminal records expunged or sealed, effectively removing them from public view.

What is a Miranda warning?

The Miranda warning is a statement read to a suspect in custody, informing them of their right to remain silent and have an attorney present during police questioning.

What is the role of evidence in a criminal trial?

Evidence presented by both the prosecution and defense helps establish the facts of the case and supports their respective arguments.

Can I refuse a search by the police?

In some situations, you have the right to refuse a search, but it’s important to understand the circumstances under which police can conduct a search without your consent.

What is the statute of limitations for criminal charges?

The statute of limitations sets a time limit within which criminal charges must be filed after the alleged offense. It varies by jurisdiction and offense.

What is an arrest warrant?

An arrest warrant is a court-issued order authorizing law enforcement to arrest a specific individual for a particular offense.

What is a grand jury?

A grand jury is a group of citizens convened to determine whether there is enough evidence to indict a person for a crime.

Can I be charged with a crime without evidence?

Technically, yes. However, a strong case typically requires substantial evidence to prove the charges beyond a reasonable doubt.

What is a plea of "not guilty"?

A plea of “not guilty” indicates that the defendant denies the charges and wishes to contest them in court.

Can I be charged with a DUI if I wasn't driving?

Laws vary by jurisdiction, but in some cases, you could be charged if you were in control of the vehicle while intoxicated, even if you weren’t actively driving.

What is self-defense?

Self-defense is a legal doctrine that allows a person to use reasonable force to protect themselves from imminent harm or danger.

Can I appeal a criminal conviction?

Yes, you can appeal a conviction on the grounds of legal errors or other issues that affected the fairness of your trial.

What is the difference between a defense attorney and a public defender?

A defense attorney is hired privately, while a public defender is provided by the government to represent defendants who cannot afford their own lawyer.

Can my attorney negotiate with the prosecution for a reduced sentence?

Yes, your attorney can negotiate with the prosecution to reach a plea agreement that results in a reduced sentence or lesser charges.

What is double jeopardy?

Double jeopardy is the legal principle that prevents a person from being tried for the same crime twice after they’ve been acquitted or convicted.

Can I refuse to testify if I'm called as a witness?

In most cases, you can invoke your Fifth Amendment right against self-incrimination and refuse to answer questions that might implicate you.

What is a bench trial?

A bench trial is a trial without a jury where a judge decides the verdict based on the evidence and arguments presented.

Can a juvenile be tried as an adult?

Yes, in certain circumstances, a juvenile can be charged and tried as an adult, depending on the severity of the offense.

What is a no-contest plea?

A no-contest plea (or “nolo contendere”) is a plea where the defendant neither admits nor denies guilt but accepts the punishment.

Can I represent myself if I'm mentally ill?

It’s generally not advisable to represent yourself if you have mental health issues that could impact your ability to understand the legal proceedings.

Can I recant a statement I made to the police?

Yes, you can recant a statement, but it’s important to consider the legal implications and consult with an attorney before doing so.

What is a plea bargain?

A plea bargain is an agreement between the prosecution and the defense where the defendant pleads guilty in exchange for reduced charges or a lighter sentence.

What is the role of expert witnesses in a trial?

Expert witnesses provide specialized knowledge or opinions to help the court understand complex issues related to the case.

What is the difference between a witness and a defendant?

A witness provides information and testimony about the case, while a defendant is the person accused of committing the crime.

Can I be charged with a crime based on circumstantial evidence?

Yes, circumstantial evidence can be used to build a case, but the prosecution must establish a strong link between the evidence and the crime.

Can my attorney reveal information I tell them?

Generally, no. Attorney-client privilege protects communications between you and your attorney, but there are exceptions, such as if you plan to commit a crime.

What is a suppression hearing?

A suppression hearing is a pre-trial proceeding where the defense argues that certain evidence should be excluded because it was obtained illegally or unconstitutionally.

What is the "fruit of the poisonous tree" doctrine?

This doctrine states that evidence obtained through illegal or unconstitutional means is tainted and cannot be used in court.

Can I sue the police for false arrest?

If you were arrested without probable cause or in violation of your rights, you might have grounds for a false arrest lawsuit.

What is probation?

Probation is a period of supervision instead of incarceration, where the defendant must meet certain conditions to avoid serving a jail or prison sentence.

Can I be charged with a crime if I was coerced into committing it?

If you were forced or coerced into committing a crime, it could potentially be a defense in court. It’s important to consult with an attorney.

What is a criminal conspiracy?

A criminal conspiracy is an agreement between two or more people to commit a crime, even if the crime itself isn’t carried out.

What is a sentencing hearing?

A sentencing hearing occurs after a defendant is found guilty, where the judge determines the appropriate punishment.

Can my charges be dropped if the evidence was obtained illegally?

If evidence was obtained in violation of your constitutional rights, your attorney can challenge its admissibility, which might lead to the charges being dropped.

What is an alibi defense?

An alibi defense asserts that you were somewhere else when the crime was committed, and therefore, you couldn’t have committed the crime.

Can a witness refuse to testify?

In some cases, a witness can refuse to testify based on privileges, such as spousal privilege or the right against self-incrimination.

What is criminal negligence?

Criminal negligence involves reckless behavior or a failure to act with reasonable care, leading to harm or danger to others, which can result in criminal charges.

What is a mistrial?

A mistrial occurs when a trial is terminated before a verdict is reached, often due to a procedural error or a hung jury.

Can I appeal if I plead guilty?

Pleading guilty generally limits your ability to appeal, but there might be grounds for appeal if there were legal errors in your case.

What is a preliminary hearing?

A preliminary hearing is a pre-trial proceeding where a judge determines if there’s enough evidence to proceed to trial.

Can a criminal record affect my immigration status?

Yes, certain criminal convictions can impact your immigration status or lead to deportation, depending on the severity of the offense.

Can I be charged for drug possession if I didn't know the drugs were there?

In some cases, you could be charged with constructive possession if you had control over the area where drugs were found, even if you didn’t know they were there.

What is an arraignment?

An arraignment is the court proceeding where you’re formally charged with a crime, and you enter a plea of guilty, not guilty, or no contest.

Can I be charged for resisting arrest if I'm innocent of the original charge?

You can be charged with resisting arrest even if you’re innocent of the underlying offense, as long as the arresting officer had lawful grounds to arrest you.

What is the "stand your ground" law?

The “stand your ground” law allows individuals to use deadly force in self-defense without a duty to retreat if they believe their life is in danger.

What is a habeas corpus petition?

A habeas corpus petition challenges the legality of a person’s detention, asserting that they’re being held unlawfully.

Can my attorney advise me to lie on the witness stand?

No, attorneys are ethically obligated to provide truthful advice and cannot advise you to lie under oath.

Can I be charged with a crime if I didn't actually commit it but helped plan it?

Depending on your level of involvement and intent, you could potentially be charged as an accomplice or co-conspirator.

Can the police search my car during a traffic stop?

The police can search your car during a traffic stop if they have probable cause to believe there’s evidence of a crime, or if you consent to the search.

What is a bench warrant?

A bench warrant is issued by a judge to compel a person’s appearance in court, often due to failing to appear or violating a court order.

Can I be charged with a hate crime?

Yes, if a crime is motivated by bias or prejudice against a protected characteristic, it can be charged as a hate crime, resulting in enhanced penalties.

Can a prior criminal record be used against me in court?

Depending on the circumstances, a prior criminal record might be used to establish a pattern of behavior or credibility.

What is an indictment?

An indictment is a formal accusation issued by a grand jury, charging a person with a crime and initiating the legal process.

Can I be charged for sharing copyrighted material online?

Sharing copyrighted material without permission can potentially lead to charges of copyright infringement, although it’s more often a civil matter.

Can I be charged with a crime if I was forced to commit it under duress?

Duress can be a valid defense if you were forced to commit a crime under a credible threat of imminent harm.

What is a criminal statute?

A criminal statute is a law that defines specific actions as crimes and outlines the penalties for committing those actions.

What is the difference between a felony and a capital offense?

A capital offense is a specific type of felony that is eligible for the death penalty, depending on the jurisdiction and circumstances.

Can I be charged with a crime based on anonymous tips?

An anonymous tip can trigger an investigation, but the prosecution typically needs more substantial evidence to bring formal charges.

Can my attorney advise me to plead guilty?

Yes, your attorney can advise you on the pros and cons of various plea options, but the final decision to plead guilty rests with you.

What is a RICO charge?

RICO (Racketeer Influenced and Corrupt Organizations Act) charges target individuals involved in organized crime or a pattern of racketeering activities.

What is an expungement?

An expungement is the legal process of sealing or erasing a criminal record, making it inaccessible to the general public.

Can I be charged with assault if I didn't physically harm someone?

Depending on the jurisdiction, you could be charged with assault even if you didn’t physically harm someone, as long as there was a credible threat of harm.

What is a plea colloquy?

A plea colloquy is a formal dialogue between the judge and the defendant during which the defendant enters a guilty plea, ensuring it’s voluntary and informed.

What is a constructive trust?

A constructive trust is a legal concept used in some fraud cases to prevent unjust enrichment by ensuring ill-gotten gains are returned to the victim.

What is a restitution order?

A restitution order requires the defendant to compensate the victim for financial losses resulting from the crime.

Can I be charged with trespassing on public property?

Trespassing charges can apply to both private and public property if you enter without permission or remain after being asked to leave.

What is criminal intent?

Criminal intent (mens rea) refers to the mental state or intent of a person when committing a crime, often categorized as intentional, reckless, or negligent.

Can I be charged with theft if I didn't physically take anything?

In some cases, you could be charged with theft if you exercised control over someone else’s property without permission or rightful ownership.

What is a motion to suppress evidence?

A motion to suppress seeks to exclude certain evidence from trial, often due to illegal or unconstitutional acquisition.

Can I be charged with a crime based on statements made in therapy?

Confidential communications made to a licensed therapist are usually protected by privilege, but there are exceptions in cases of harm to self or others.

Can I be charged with a crime based on a lie?

If someone knowingly provides false information to law enforcement, they could be charged with making false statements or obstruction of justice.

What is a preliminary injunction?

A preliminary injunction is a court order issued early in a case to preserve the status quo or prevent irreparable harm until a final decision is reached.

Can I be charged with a crime for failing to report a crime?

Depending on the jurisdiction, there might be legal obligations to report certain crimes, and failure to do so could lead to charges in some cases.

What is a plea in abeyance?

A plea in abeyance is an agreement where the defendant pleads guilty, but the charges are dropped if certain conditions are met, such as completing a program.

Can I be charged with harassment for online behavior?

Yes, online behavior that constitutes harassment, cyberbullying, or threats can lead to criminal charges if they meet the legal criteria.

What is the difference between a criminal trial and a civil trial?

A criminal trial determines guilt or innocence in a criminal case, while a civil trial resolves disputes between individuals or entities seeking damages.

Can my attorney challenge the credibility of witnesses?

Yes, your attorney can challenge the credibility of witnesses through cross-examination and presenting evidence that contradicts their testimony.

What is an affirmative defense?

An affirmative defense acknowledges that the defendant committed the act but argues that there’s a justifiable reason, such as self-defense or insanity.

Can I be charged with a crime for possession of drug paraphernalia?

Possession of drug paraphernalia can lead to criminal charges if the items are used or intended for illegal drug use.

Can I be charged with a crime for helping someone commit a crime?

If you knowingly assist or encourage someone to commit a crime, you could be charged as an accomplice or for aiding and abetting.

What is a no-knock warrant?

A no-knock warrant allows law enforcement to enter a property without warning or announcing their presence, typically in cases where evidence might be destroyed.

Can I be charged with a crime for breaking a restraining order?

Yes, violating a restraining order can result in criminal charges, including contempt of court or charges related to harassment.

What is the difference between theft and robbery?

Theft involves taking someone else’s property without force, while robbery involves using force, threats, or intimidation to take someone’s property.

Can I be charged with a crime for lying on a government form?

Yes, providing false information on government forms, such as tax returns or immigration documents, can lead to charges of fraud or perjury.

What is criminal mischief?

Criminal mischief involves intentionally damaging or vandalizing another person’s property, which can result in criminal charges.

Can I be charged with a crime for sharing explicit photos without consent?

Sharing explicit photos without consent (revenge porn) can lead to charges of harassment, invasion of privacy, or distribution of explicit content without permission.

Can I be charged with a crime for failing to pay child support?

Failing to pay court-ordered child support can lead to contempt of court charges and potential penalties, such as fines or even jail time.