Criminal Defense Law

Remember, the more information you provide, the easier it is for us to help you.

Do I need a criminal lawyer?

This is the first and most important question. And the best way to answer this question may be to rely on instinct: if your gut feeling is that you should talk to a criminal lawyer, you probably are right - seek advice.

The main reasons prompting the need for a criminal lawyer are:

• You have been charged in court with a crime. This may occur following an arrest or through a summons to appear in court and answer a criminal complaint or indictment. All people have an absolute constitutional right to the assistance of a lawyer in a criminal court case.
• You have been arrested. If arrested for a potential criminal charge, a referral for criminal charge(s) may be made to the District Attorney in the county of the alleged law violation, or to the prosecutor for the federal district of the alleged violation. If an in-custody interrogation follows the arrest, the person being questioned has an absolute constitutional right to remain silent and to have a lawyer present during the questioning.
• You are being investigated for a crime. Law enforcement officers and prosecutors often contact people directly to answer questions about their alleged involvement in a crime.

Generally, the sooner a criminal defense lawyer is brought into a criminal case or investigation, the better potential results for the client. Do not take a wait-and-see approach to a criminal situation. Do not seek answers to questions about your rights and legal status from police officers and prosecutors who do not have a legal duty to act in a suspect's best interest.

What happens if I am arrested?

If you are arrested and charged with breaking a criminal law, the case is taken for an initial appearance before a magistrate who advises the accused of the formal charge and potential penalties, and sets bond for future appearances in court. The bond may be a secured bond, where cash or property must be posted for release, or unsecured, requiring no cash or property to be posted for release. If the defendant cannot post a secured bond, he may be incarcerated pending the next appearance in court. If bond is posted or unsecured, he will remain free pending appearance at an arraignment. The initial appearance usually occurs within 72 hours of the arrest or the first date available if on a weekend or holiday.

What is the right to remain silent?

Just that - an absolute right to remain silent if a person is in custody and is being questioned by police as the suspect of a crime. This is an adversarial setting between the police and the suspect. The police may use various tactics to get a suspect to admit to a crime or make incriminating statements. These tactics may include appealing to a person's guilt or conscience, engaging in ploys like 'good-cop/bad-cop,' lying about the evidence against the person, making promises of leniency or release if the suspect confesses to a crime or outright intimidation. This is such an inherently coercive setting for a person that the U.S. Supreme Court ordered that the now-famous standard Miranda warnings be read to a person before the questioning process begins. You have the right to remain silent. Everything you say will be used against you. You have the right to a lawyer. If you cannot afford a lawyer, one will be appointed to you.

It seems that, despite the warnings, people often ignore these rights and give incriminating statements to police that they later say are false, inaccurate or the result of abuse, coercion or intimidation. Also, people often forget that any communication or information given to police is considered a statement - not just a written or signed statement. These statements will be used against a person - just like the warning says. An analogy: If you have a baseball bat, and someone tells you that if you hand him the bat he will hit you over the head with it, would you give that person the bat? Think about the right to remain silent the same way - remain tight-lipped and ask for a lawyer.

How can I tell if a criminal lawyer is any good?

There are many theories on what makes a good lawyer: experience, age, cost and connections. None of these theories provide a complete answer. A client must feel comfortable with his or her lawyer, be able to communicate with that lawyer and be confident that the lawyer knows what he or she is doing. Ask questions about the lawyer's experience in criminal law and the specific charge. Ask about specific defense tactics and strategies in your case. Ask if the lawyer is comfortable in the specific court or with the specific prosecutor. Satisfy yourself that the lawyer understands you, understands your case and knows what to do to advocate on your behalf. Discuss specific fee arrangements - these should be explained fully to you, preferably in writing.