Arrest and Trial Information

Our Experienced Criminal Defense Attorneys Help Protect Your Rights

attorney speak

 

 

What do I say to the police officer if I get arrested? NOTHING, other than your name, address, and birthdate. Indicate that you would like to speak with your attorney before answering any questions about the incident. Please keep in mind, that you have the right to remain silent.

What are my Constitutional Rights in a criminal case?

  1. Right to counsel (attorney). 2. Right to cross-examine and confront witnesses. 3. Right to testify on one’s own behalf. 4. Right to remain silent. 5. Right to a speedy trial. 6. Right to use courts subpoena power to compel witnesses to testify. 7. Right to a jury trial (in most cases). 8. Right of presumed innocence.

 

What Is An Arraignment? An arraignment is the process by which the defendant is read specific charges against him. It is the first step in the criminal process after arrest. It is a brief hearing. All arraignments are conducted after the suspect is arrested and booked by law enforcement. An arraignment takes place only after the prosecuting attorney decides to file charges.

What is a Pre-Trial Conference? This is a meeting between prosecution and defense. Topics discussed include plea bargain opportunities, strengths and weaknesses of the prosecution’s case, discovery requests pretrial motions and intangible factors of the case, such as the defendant’s character and past history. If a deal cannot be reached then the defendant will have to choose between a trial by judge or jury.

What is a Bench Trial? This is a trial where the Judge alone decides whether a defendant is guilty or not guilty. No Jury to decide verdict

What is a Jury Trial? This is a trial where depending on whether it is a Felony charge (12 Jurors) or Misdemeanor charge (6 Jurors), the Jurors decide whether a defendant is guilty or not guilty.

What is Sentencing? This is a hearing where the judge determines the length and type of punishment a defendant receives. The defendant may make a statement to the court. In most courts, the judge may ask for a report from the probation department prior to sentencing the defendant.

What is a No Contest Plea? This is where a defendant accepts the punishment for the crime he/she is pleading to without actually admitting that he/she is guilty. It is treated as a guilty plea if the judge finds a factual basis for the plea in the investigators report. It is commonly used to avoid liability in other cases.

What are Miranda Rights? 
Miranda Rights refer to the specific warnings given by police once a person is in custody but before interrogation. Miranda Rights advise a person that they have right to remain silent and have a right to legal counsel before talking to the police, choosing to remain silent will not be held against them. Anything thing a person chooses to say after being advised of their rights can and will be held against them.