Dealing with the Police. Play it Smart.
- Must I talk to the police? Should I talk to the police?No, if you are contacted by the police, you do not have to talk to them. You may have to give them your name or provide them with your driver’s...
- How do I tell the police I want to remain silent?If the police contact you and want to ask you questions about a crime, you can tell them “I am invoking my right to remain silent” and “I want to...
- Is it okay for me or one of my friends to video record the arrest or contact with police?Yes, as long as you or your friend are in a public place where you are allowed to be, it is legal to record what the police are doing while...
- If the police ask to search me do I have to say yes?The answer to this question can be a little tricky. If the police say that they are planning to search you, then you should cooperate with the search. However, if...
- What will happen when I get arrested?Instead of arresting you, in some circumstances the police may give you a citation with a court date on it. However, if you do get arrested, then you may be...
The Court Process: What is going on in the Courtroom?
- What is an arraignment? What happens at the arraignment?An arraignment is a very short court hearing where you will hear what crime you are being accused of and the judge will set “bail.” The judge decides how much...
- What is “discovery”?Discovery is a broad term that refers to all of the evidence in a criminal case. Discovery can include video surveillance, reports written by police officers, witness statements, photographs, audio...
- What is the difference between a misdemeanor and a felony?A “misdemeanor” is a crime where the highest possible punishment is one year in the county jail or a $1,000 fine. A “felony” is a more serious crime where the...
- What is a misdemeanor pretrial conference?A misdemeanor pretrial conference is a hearing that happens between the arraignment and the jury trial. A lot of things can happen at a misdemeanor pretrial. For example, your lawyer...
- What happens in a felony case?Someone who is accused of a felony has the right to a preliminary hearing. A preliminary hearing is a hearing where the prosecutor must show “probable cause” that you committed...
- What happens at a jury trial?Whether you are charged with a misdemeanor or a felony, you have a right to a jury trial. This means that you have a right to have 12 jurors, or...
Working with an Attorney: Defend Yourself.
- Is there anything I can do that will help with my case?Yes, you can start thinking about what documents, evidence, phone records, recordings, or witnesses might help with your defense, and make a list of those things for your lawyer. It...
- Is there anything I can do that would hurt my case?Yes, there are some things that you should avoid doing that could hurt your case. It is usually best if you avoid talking to the police and instead tell them...
- What if I did what I am accused of doing? Should I still hire a lawyer?Yes, even if you did what you are accused of doing, you should still hire a lawyer. There is a big difference in the outcomes of criminal cases, both in...
- What if it is clear that I did not do what I am accused of doing? Should I still hire a lawyer?Yes, even if you clearly did not do what you are accused of doing, it is important to hire an experienced criminal defense attorney who can guide you through the...
