Category: Criminal Law
What Should I Do if There is a Warrant Out for My Arrest?
December 12, 2013 | Adriel B. VillarrealAn arrest warrant is a serious situation that deserves your immediate attention. You could be found and arrested at any time, even if the police haven’t visited your home yet. If you learn of a warrant before your arrest you should call a criminal defense attorney immediately. An attorney can advise you on your next steps. You should not leave this issue unaddressed. Every day that you allow a warrant to pass unanswered becomes a day that makes your situation much more serious. You begin to look more and more like a fugitive. When caught, you will be considered a flight risk. This is even true for very old warrants. A warrant for your arrest doesn’t just go away. Once one has been issued there’s no statute of limitations on it. Old legal problems are just as important for you to deal with as new ones. You could be picked up at a traffic stop at any time. The attorney may be able to find options you didn’t even know that you had, so long as you work with him before you are caught. After you are caught your options become far more limited. While it’s true that an attorney may want you to turn yourself in he can do this in a…
Read MoreWhat Should I Do If the Police Bring Me in for Questioning?
December 9, 2013 | Adriel B. VillarrealTelevision has offered people an unclear picture of what you should do if the police bring you in for questioning. They make it seem like you will “look guilty” if you don’t tell the police everything that they want to know. Even if you haven’t been charged with a crime you should still be aware that you may be considered a suspect in a criminal case if the police are talking to you. You may not need an attorney if you have an air-tight, truthful, and verifiable alibi. If you don’t, you might want to go ahead and get a lawyer before answering any questions. Remember: You have the right to remain silent. You are not obligated to speak. The police may try to convince you that it’s in your best interests to do so, but you don’t have to. If you talk, speak the truth. Lying to the police can turn into its own criminal charge, even if you’re innocent of everything else! If you choose to divulge information make sure it’s true (to the best of your knowledge). Answer only what’s asked. If you choose to speak there is no need to volunteer more information than has been requested. Listen closely to the question, and offer only what has been requested….
Read MoreWhat Are My Rights If I’ve been Charged with a Misdemeanor?
December 9, 2013 | Adriel B. VillarrealBeing charged with a crime does not deprive you of your rights. Indeed, being charged with a crime activates some very specific rights that will follow you throughout a criminal proceeding. You have the right to an attorney. You always have the right to hire an attorney. However, you may not automatically qualify for a public defender. If you are charged with a “petty” misdemeanor there’s no danger of jail time, so you won’t be eligible for a public defender. If you’re charged with a misdemeanor you could face jail time (90 days in jail or a $1,000 fine), so you could be eligible if you fill out a family financial application to determine whether or not you qualify. Even if you are charged with a petty misdemeanor you may well still wish to have an attorney by your side. You have the right to a trial. You are presumed innocent unless the state can prove that you are guilty beyond a reasonable doubt. You always have the right to a trial before your peers. You also have the right to subpoena and cross examine witnesses as a part of this process. You have the right to remain silent. The right to remain silent is not just a television cliché. You can choose…
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