Category: Criminal Law
What 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…
Read MoreWhat Should I Expect if I’ve Been Accused of a Crime?
December 2, 2013 | Adriel B. VillarrealBeing charged with a crime is a stressful situation, but now is not the time to panic! Let’s talk about the process you’ll be going through to help you get a better understanding of what to expect. Taken into Custody You will be taken into custody when the police charge you with a crime. You do not have to make statements or answer questions, either before or after you are formally charged. It is best just keep silent. If you do speak, however, make sure to be truthful. Remember, you are not admitting guilt if you ask for a lawyer, despite what you may have seen on television. In fact, now is the time to do just that. Bail Hearing You will go before a judge who will either set a bail amount or release you on “recognizance,” or your promise that you will return for all of your court dates. If the judge sets a bail amount you will either have to come up with the money or work with a bail bondsman to secure your release. Sometimes a lawyer can help you get a lower bail amount. Initial Appearance This court appearance is designed to determine the following: Whether you received a copy of the complaint Who your legal representation will…
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