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There is no substitute for experience when it comes to criminal law

If You Have Been Accused of a Crime, This Advice May Save You From Serious Jail Time

by | Nov 12, 2015 | Uncategorized |

There are many times people get arrested and don’t know how to handle it.  It may be your fist experience with law enforcement.  What if you feel you’ve not committed a crime?  This is a difficult situation.  It’s important to not let a bad situation turn into a serious crime.  There is important information you need to know.

Arrest Advice

If you are arrested, it means that  law enforcement has taken you into custody because they believe you’ve committed a crime.  You are not permitted to leave the scene of the incident.  You can also be held by law enforcement or a period of time for questioning and not be arrested.

This means they believe you have valuable information concerning a crime that was committed.  It’s important to remember there is no legal requirement for you to answer questions by law enforcement. You only have to provide them with your name and address shown on the identification you provided.

Advice for Before You Hear Your Miranda Rights

Should law enforcement place you under arrest, the law requires that they read you your Miranda rights.  Reading of the Miranda rights is guaranteed under the U.S. Constitution.  If you are not read your Miranda rights, an attorney representing you can ask a judge to not use any statements you may have made to law enforcement.

This has no influence on the dismissal of a case.  It also doesn’t apply if law enforcement did not ask you any questions, but you still supplied them with information.  You need to remember whether or not your Miranda rights have been read to you.

Advice After You Hear Your Miranda Rights

It is legal for members of law enforcement to question you after you’ve been read your Miranda rights. Law enforcement is not required to provide an attorney unless you request one.  If you give up your right to legal counsel prior to being questioned, you need to realize what you’ve lost.

When a person requests an attorney, the questioning by law enforcement must stop immediately. If you continue to speak, anything you say can be used against you in court.  According to the U.S. Constitution, anyone charged with a crime is entitled to speak with a lawyer even if they can’t afford to pay for one.  It is recommended that when you are arrested that you not speak to law enforcement.  You should request to speak with legal counsel first.
Arrest Warrant Advice

If law enforcement has good reason to believe you have committed a crime, a warrant for your arrest could be issued. The warrant has to be signed by a magistrate or a judge.  An arrest warrant enables law enforcement to take someone into custody in their home.

A person may be arrested without a warrant if action is needed to stop them from escaping, destroying evidence associated with the alleged criminal activity, someone’s life is in endanger and more.  It’s important to not resist this detention or arrest.  If someone attempts to resist, they can be charged with a misdemeanor or even a felony depending on the situation.

Should you resist, law enforcement can utilize force to take you into custody.  If law enforcement believes you are a threat to cause serious injury, they can use deadly force.

Bail Advice

If you are arrested, you may have to wait months until your trial date.  Jail is not a place people want to be for months.  An experienced attorney will know how to handle a bail hearing.  The amount of your bail will be determined by a judge.

The judge will take into consideration such things as the seriousness of the crime you are charged with and your past criminal history.  Bail is an amount of money paid to a court to make certain the person charged with a crime returns for their trial. If you fail to appear for your court date any bail money paid will be kept by the court.  An arrest warrant will usually be issued for your arrest.

If you feel the bail amount requested by the court is excessive, an attorney can help you get a bail reduction hearing.  A lawyer may also be able to make a case to a judge that you should be released on your own recognizance.  This means you will not have to pay any bail and the judge believes you will return to court for your court date.