Criminal Defense

The Fifth Amendment protects you from being forced to incriminate yourself, which includes the right to remain silent. But courts have held that you generally have to clearly state that you are using that right, and staying silent alone may not protect you. Say, “I am invoking my right to remain silent, and I want an attorney.” Then stop answering questions and call a lawyer.

Yes. You always have the right to hire your own attorney, for any charge. A court will appoint one at no cost only if you face possible jail time and the court finds that you cannot afford a lawyer. Most traffic tickets and other charges that carry only fines do not qualify for an appointed attorney. If the court decides you can afford a lawyer, it will not appoint one.

A criminal case begins when the prosecutor decides what charges to file. Your first court date is an arraignment, where the charges are read to you. After that, a case can involve many hearings, including a bond hearing, possibly a preliminary hearing, hearings on discovery, and hearings to suppress evidence. Eventually, the judge sets the case for trial, and both sides prepare. All the while, your attorney works with the prosecutor to negotiate a plea deal.

A felony is a crime punishable by prison, while a misdemeanor is generally punishable by up to a year in county jail and a fine. Felonies also carry consequences beyond the sentence, such as losing the right to vote while you serve it, losing the right to own a firearm, and limits on jury service, running for office, and some jobs. Some offenses can be charged as either, so how your case is charged matters a great deal.

At a bond hearing, a judge decides whether you can be released while your case is pending, and whether your release needs to be secured by a bond that you forfeit if you miss a court date. Several things are argued, including whether a bond is needed at all, how much you may need to post, and any conditions you must follow, such as staying away from the alleged victim. If you or someone you love has been arrested, talk to an attorney about being represented at the bond hearing.

A deferred sentence is a plea agreement in which you plead guilty or no contest, and the court puts off a finding of guilt and a sentence while you complete probation. Probation often includes paying costs, community service, and, depending on the charge, a victim impact panel. If you complete every condition, the plea is withdrawn and the case is dismissed. A dismissal does not erase everything, though. The arrest and charge may still appear on background checks until the record is expunged, which is a separate step. If you violate the conditions, the court can find you guilty and sentence you on the original charge. Not every charge qualifies, so it’s worth talking to an attorney about your options.