What should I do if I am arrested?
If you are arrested, remain calm and polite. Do not resist arrest, even if you believe it is unjust. You have the right to remain silent and request an attorney. Exercise that right. Do not answer any questions or provide any statements without your lawyer present. Simply present your identification to the officers and request the opportunity to speak with counsel.
Do I need a lawyer if I am innocent?
Yes, it is crucial to have a lawyer even, and especially if, you are innocent. A criminal defense attorney can help protect your rights, navigate the legal system and build a strong defense to ensure the best possible outcome for you. Often people feel they have done nothing wrong and therefore want to explain their position to police. Do not do so. Anything and everything you say to the police can and will be held against you. If the police have probable cause to arrest you, there is nothing you can say to undo that, so say nothing and call an attorney.
What is the difference between a misdemeanor and a felony?
Misdemeanors are less serious offenses that typically result in shorter jail sentences, diversionary programs or fines. Felonies are more serious offenses that can lead to significant prison sentences. Hiring an experienced criminal defense attorney can help navigate the minefield and minimize the exposure to one who has been charged with an offense.
What happens after a person is arrested?
After an arrest the person will be booked, which entails taking fingerprints and photographs. They will then have an arraignment where the charges are read and bail may be set. The case will then proceed through various stages, including pretrial hearings, plea negotiations and potentially a trial. The courts have ruled that this is a critical stage in the process and that defendants should be represented by competent counsel.
What is bail, and how is it set?
Bail is a sum of money paid to the court to ensure that the defendant returns for future court dates. The amount is set by the judge based on factors such as the severity of the charges, the defendant’s criminal history and the risk of flight. If the defendant appears for all of his or her court appearances, the case posted will be refunded. If a bondsman is used, their premium will not be recoverable.
Can I change my lawyer if I am unhappy with the one representing me?
Yes, you have the right to change your lawyer if you are not satisfied with their representation. It is important to have an attorney who you feel trust and confidence in. The state of Connecticut has very liberal laws regarding the appointment of public defenders. More than two thirds of criminal defendants in Connecticut are represented by public defenders. Therefore, if you qualify for a public defender and elect to have them represent you, be aware that you may not get the personal attention that your case deserves. It is in the best interest of someone accused of a crime in Connecticut to seek private counsel if that is within their means.
What is a plea bargain, and should I take it?
A plea bargain is an agreement between the defendant and the prosecutor wherein the defendant pleads guilty to a lesser charge in exchange for a lesser sentence or probation. Whether to accept a plea bargain depends on the specifics of your case and should be discussed with your attorney. You should seek counsel who will commit to an open line of communication with you and provide all pertinent information to you so that you can make an informed decision in your case.
What is an arraignment?
An arraignment is the first court appearance after an arrest where the defendant is formally charged and enters a plea of guilty, not guilty or no contest. Bail is often addressed at this hearing. Prior to this hearing we will obtain all financial information from you and present it to the bail commissioner and the court. The objective is to convince the court that you are not a flight risk or a risk to the public so that the court will consider a nominal bond or a promise to appear.
What should I expect from a good criminal defense attorney?
A good criminal defense attorney should have extensive knowledge of the law, experience with similar cases, and strong negotiation and litigation skills. They should communicate clearly, provide strategic advice and work diligently to defend your rights. Further, he or she should be available to meet with you if you are incarcerated and meet with your family to answer their questions and mitigate any concerns they have about your case.
Can criminal charges be sealed or expunged?
In some cases criminal charges can be sealed or expunged, meaning they are removed from the public record. The eligibility for sealing or expungement depends on the nature of the offense. There is often a waiting period after a conviction before you can apply for a pardon or expungement. The law on this is complicated and very case specific. Therefore, if you seek to have a charge or conviction sealed or expunged it is in your best interest to contact an experienced criminal defense attorney.
Should I represent myself in a criminal case?
It is generally not advisable to represent yourself in a criminal case due to the complexities of the legal system and the potential consequences of a conviction. Keep in mind that everything you say in the presence of the court or prosecutor can be used against you, including statements made in the plea bargaining process. It is much more beneficial to have a skilled, experienced attorney represent you.
How much does it cost to hire a criminal defense attorney?
Costs can vary widely based on the nature of the charges, the complexity of the case, the attorney’s experience, the location of the courthouse, the defendant’s criminal record and the potential consequences of a conviction. It is best to consult with an experienced criminal defense attorney at the earliest opportunity. Please Contact Us at your convenience for a free, no obligation consultation.