What to do if you are arrested:
1. Do not resist the police officers. Resisting arrest is a crime in itself.
2. Do not answer any questions before talking to an attorney. Call me immediately at 246-9119.
3. Do not offer any comments about your predicament to the police.
4. Do not sign any statements.
5. You may be searched, photographed and fingerprinted. Notice carefully what is done. If any personal property is taken from you, ask for a written receipt.
6. Immediately following your arrest, the police should advise you of your miranda" rights: you have the right to remain silent if you choose not to do so, anything you say may be used against you in a court of law. You have the right to an attorney. If you cannot afford one, one will be appointed. If the police fail to advise you of your "miranda" rights, this omission may help your case.
7. As soon as possible, call me or another attorney. Client/ lawyer confidentially will apply to your discussion. Your lawyer will ask you when, where and why you were arrested. He or she will also ask you who the arresting officer was, whether you were mistreated, and where you were taken. Your lawyer will arrange to meet with you as soon as possible. In most states, statutes provide the right to make a reasonable number of phone calls. Do not discuss the details of your case on the telephone, as you may be overheard. Do not talk about your case with a prosecuting attorney, police officers, cell mates, news reporters, or anyone else. Do not answer any questions until your attorney arrives. Otherwise, any oral or written statement may be used against you at trial as either direct evidence of guilt or to impeach your testimony. Your silence cannot be used against you. Do not participate in any lineup or other physical examination until your lawyer arrives. If the police force you to do so, do not physically resist. If news reporters photograph you, try to remain calm and do not cover up your face. This could imply guilt to some people. Tell your lawyer if the police are planning to move you.
What happens in a criminal case?How effectively i can represent you may depend how early i can begin your case. Most criminal cases follow a predictable sequence:
Arrest
Arraignment: this is an initial hearing designed to set bond while your case begins. Whether or not you are released or given a low bond may depend on having an attorney present.
Grand jury indictment or preliminary inquiry: a critical state where a decision is made about what formal charges will be pressed against you.
District court arraignment: this is another arraignment hearing after the indictment. Your previous bond can be raised, lowered or modified.
Defense preparation: using experts and private investigation.
Motions and pleadings: legal attempts to get the charges dismissed, get all the evidence from the government, suppress evidence and statements, etc.
Resolution of the case: trial or plea.
Appeal: (if necessary) after a conviction, the defendant can challenge the judge s decision in the case, or the prosecutor s actions or the decision of the jury.
Post conviction motions: habeas corpus, extradition, probation and parole violations.
What does a criminal defense lawyer do?Once we have decided to proceed with your case, what can you expect from a criminal defense attorney? Gather information. I want all of the truth to come out i will spend time talking with you, co-defendants, witnesses and police officers. Information from police reports, U.S. Attorney's office or District Attorney's office and other investigative sources will be gathered. I often find that my client is the best source of information.
Evaluation of the government's case. What evidence does the prosecution and its witnesses have against you?
Investigation of your case. I use the best private investigators, expert witnesses and legal assistants available.
Legal motions and pleadings. I have the most comprehensive, up-to-date files and research for all types of legal motions and pleadings.
Preparation for trial all manner of modern jury selection techniques, direct and cross examination, and presentation of evidence will be used.
Disposition of the case. This includes comprehensive trial work, Legal motions, pleadings, sentencing arrangements, and sentencing alternatives.
If you go to courtIf a criminal case goes to trial, the burden is on the prosecution to prove the defendant guilty beyond reasonable doubt. Though the burden is on the plaintiff in a civil suit, it is not as great. The plaintiff must prove his or her case by preponderance of the evidence. The burden is greater in a criminal case because under our system, the risk of a person's losing his or her freedom requires the government to establish that there is no reasonable doubt that the person accused committed the crime. In a civil case, however, some doubt is permitted because there is no risk of losing one's freedom.
If You're In an Auto AccidentIf you are involved in an auto accident and your car is still moving, stop as quickly as possible without obstructing traffic. If possible, the car should remain in the exact positions caused by the accident.
1. Avoid discussing fault or cause of the accident with anyone. Be alert for the other party admitting fault, or any other comment, circumstance or condition relating to the cause of the accident.
2. First, help anyone injured. Avoid moving them because you may aggravate injury. Call for police and medical emergency assistance. Get the names and addresses of all parties, witnesses and police officers present at the scene of the accident.
3. Exchange driver's license numbers, auto registration information and insurance company names.
4. Obtain a copy of the on-site police report. If no police authorities are present at the scene of the accident, you must inform the police within 48 hours after the accident. A police report will hold more weight than your own report of the accident.
5. Promptly report the accident to your auto insurance agent. If you hit a parked car or someone else's property, leave a note with your name and number. Note pre-existing damage to the property.
Both civil and criminal actions may result from an auto accident. Call me at 246-9119 as soon as possible.