This following is not intended to be legal advice. This statement is intended to give you a very general understanding of what is involved in the referenced issue. Please consult an attorney to find out what laws apply in your case. I just got arrested for a DUI, what next? Do not make any statements while in custody. Courts have ruled that laws imposing penalties for refusing a blood or breath test are constitutional. Hire an attorney you trust and let your attorney know about any issues that might be relevant, including conditions that influenced the arrest. If you were driving with anyone, let your attorney know whom you were with. Show up to every court date unless your attorney tells you otherwise. I just got charged with a Hit and Run - what are my legal options? After being charged, your first court date will likely be the arraignment day. On that day you will be formally charged and then asked to enter a plea. Once a plea of not guilty is entered, the discovery phase of the case is started, which includes any investigation on the case. This part of the case could take some time, depending on the complexity of the charge. Also, during this phase, many pre-trial motions are filed. Once discovery, investigation and pretrial motions are completed, the defense will file an answer and the case is set down for trial. At anytime during this period, negotiations may take place between the prosecutor and the defense attorney. How do I get my police records/court records? Most police records are considered discoverable material for your attorney. An attorney can use the power of the subpoena and the pre-trial discovery stages to get such information. The court file is of public record and can be obtained by anyone in the general public. The court file does not necessarily have everything that a defense attorney would want in preparation for a jury trial. If you are not charged with a crime or are just curious about seeing your criminal record, you may be able to order a copy of your criminal record from the department of justice. Be wary of private search firms that often provide this service, the only official record is the record maintained by the State. What type of sentence may a defendant expect? There are a myriad of sentencing options for the judge to consider. Sentencing is based on the nature of the case, the defendant's past history, and the defendant's threat to the community. Some sentencing options include jail time, probation, fine, community service, treatment or imprisonment in a penitentiary. Why should the defendant plead guilty? Sometimes the best result is a guilty plea. By avoiding a possible court trial, the defendant may plead to a lesser charge and therefore avoid a potential stiffer penalty. Most judges will offer a lighter sentence in exchange for a guilty plea at the arraignment. In addition, a guilty plea speeds the process forward and eliminates a long, drawn out trial process. Will people know the defendant has a conviction on his record? A conviction is public record and may be reviewed by the general public. The ability to expunge a conviction varies depending on the nature of the crime. Do I have to talk to the judge or jury? No. The defendant has a Constitutional right to remain silent. Whether to put the defendant on the witness stand is a decision the defendant and his attorney must make. Defense attorneys agree that it is sometimes better to keep the defendant off the witness stand, except in special cases. Once the defendant testifies, he opens himself to cross-examination by the prosecution. Because of this Constitutional right, the judge will instruct the jury that the defendant's failure to testify must not be considered in any way a sign that the defendant is guilty. Of course, if a defendant is entering a plea or accepting a plea bargain, he must answer the judge's basic questions with regard to his understanding of these actions. Why do I keep seeing different attorneys and judges? It is important that the defendant be comfortable with his legal team. A defendant may have one attorney or several, as each may be a specialist in a different area of law pertaining to the case. Prosecuting attorneys may work in teams as well. The defendant may appear before several judges throughout the process. Is the police officer coming to court? The police officer is a member of the prosecution's team. He will come to court only if the prosecutor wants him to. The police officers and the prosecutors work together to present a case against the defendant. In some cases, if the police officer fails to show in court, the case may end in a dismissal. When do I bring witnesses to court? Witnesses may be key allies to the defense. The defense attorney is responsible for gauging the proper time to introduce witnesses in court. Witnesses usually first appear during trial. What rights do I have at the time of arrest? The Miranda rights for each citizen and non citizen are guaranteed by the United States Constitution. They are not required to be issued by police at the time of arrest. If this happens, your lawyer may ask that any statements made to the police not be used against you in court. These rights include the right to remain silent, the right to a lawyer present while you are questioned, and the right to an appointed lawyer if you cannot afford one. Can I be questioned once issued my rights? Yes. However, you can change your mind at anytime. What is the difference between federal and state laws? Federal laws supercede state laws when the two come into play against one another. May I represent myself without the benefit of an attorney? Any defendant can represent himself without the benefit of an attorney. When can a police officer conduct a search? As long as you provide consent an officer can make a search. Or, the officer can make a search upon presentation of a search warrant. When can an officer search you or your possessions without a warrant? An officer can conduct random searches of the car, body and home upon probable cause. An officer can search your car in an emergency or for probable cause. Home searches are confined to the area the defendant is taken into custody. Body searches can occur at the time of arrest. How can I get bail reduced? Bail is set at the time of arraignment. It is determined by the seriousness of the defense. Bail is not mandatory. The judge has the right to refuse to issue bail. The defense attorney may bring a motion to reduce bail during any proceeding in front of the court. The judge will look at factors such as family history, background, professional responsibilities, past criminal history, and circumstances surrounding the case. What if I don't like my public defender? A request for a new public defender is rarely granted. The defendant's rights are limited to the appointment of an attorney and not to the attorney of their choice. The defendant must prove to the court that representation is sub-standard, even incompetent. That may be done through claiming personality conflicts, or differences in communication, ethics, strategy, or through a potential bias. Back to the Criminal Case Process |
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