FAQs

Q. Do I have to miss work and/or take time off to come see you or go to court?

A. The answer for many of the citations, violations, and charges I deal with is no. For many of these matters we can deal nearly exclusively through phone, e-mail and fax and I can handle the issue for you without your having to take time off and come to court. For other, more serious offenses that venture into the area of criminal defense such as Reckless Driving, DWI or DUI, I will almost certainly meet with you prior to your court date whenever possible. This would allow us the opportunity to discuss your case and our strategy moving forward. We would also determine together what your goals are for the ultimate resolution of your case, for example what type of plea deal might be amenable to you.

For some criminal offenses, it is an absolute requirement that the defendant be present with his/her counsel, such as at an arraignment. The quickest way to determine how I can best help you and whether the court requires your presence in person is to call me and I will either know or find out for you. I have consultation hours up until 10:00 pm and once you retain me I will even come to your home if you prefer and/or this is easier for you. I also make hospital visits for consultations.

Q. The police officer that arrested me didn’t read me my Miranda rights prior to taking me into custody. What affect does this have on the case against me?

A. A police officer’s failure to administer your Miranda rights, while troublesome, is not necessarily fatal to the state’s case against you, but generally it may allow me to prevent the officer from being able to repeat in court any statements you might have made after you were arrested. This could certainly hurt the prosecutor’s case and aid in your defense.

Q. I just found out that the police and/or federal authorities have been trying to get in contact with me and/or they have asked me to come in to talk. Should I arrange to meet them?

A. No. Often, the definition of “talk” to the police means “arrest.” The best thing to do is contact an experienced lawyer who will make contact with these officials to find out what is happening. In some cases, doing so can prevent your arrest and will almost always prevent law enforcement from obtaining damaging information from you. Getting an attorney between yourself and the authorities as soon as possible can be of vital importance. If the police or agents intend to arrest you, your attorney may be able to arrange for your surrender on a given date, time and location, avoiding you unnecessary embarrassment or an unnecessary show of police force. In addition, arranging surrender in this manner can have a positive impact on the court’s determination in setting bail.

Q. Will I need to put up money or post bail before being released from custody/jail?

A. This depends on several factors, including the ability of your lawyer to communicate to the court the reasons why you should be released without posting any bail or with a comparably low bail. Among the factors that the court will take into consideration are; the seriousness of the charges against you, any relevant evidence against you, and any prior criminal activity or criminal record you may have.

FAQs

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