Although you should be polite to the arresting officer, you do not have to explain your actions. You have the right to remain silent and the right to an attorney. As soon as possible, you should request an attorney. Wait for your attorney to arrive and consult with him or her before you answer any questions.
I just got out of jail after being arrested. What should I do now?
We suggest that you contact an attorney in your area that practices criminal law to discuss your options so you have a better chance for a favorable outcome. Your attorney will immediately begin compiling the information needed for your case, such as evidence and witnesses, and begin negotiations on your behalf.
What is the difference between a misdemeanor and a felony?
A misdemeanor is punishable with less than a year in prison. Felonies involve more serious crimes and are punishable by more than a year in prison.
Will I have to serve jail time or receive a permanent conviction?
That depends on several factors, including the type of charge, the evidence against you, and how you want to handle your case. If you have been charged with a less serious misdemeanor and have little or no prior criminal history, you have a good chance of keeping it off your record through supervised probation and non-adjudication. However, more serious charges such as felonies involving violent crimes, sex crimes, or drug possession with intent to distribute, may result in jail time if you are convicted. You should discuss your options with your attorney.
Can you get my charge thrown out if I was not read my rights when I was arrested?
Probably not. Unlike movies and television, police generally do not read the Miranda rights at the time of arrest. Generally, police are not required to advise you of your rights at the time of arrest. If the police decide to talk to you about your case later, you should be advised of your rights at that time unless you have chosen to waive your rights.
If I am convicted of a DUI, will I lose my driver’s license?
You may temporarily lose your driving privileges. The court can suspend or revoke your driving privileges for a period of time based on the laws of each state. It is possible to contest the suspension by requesting a hearing with the Department of Motor Vehicles (DMV.) If you refused to take the breathalyzer or other chemical tests, then your driver’s license will automatically be suspended for ninety days to a year.
How long will it take for my case to be resolved?
It depends on the charge, whether it needs to be presented to the Grand Jury, and the court’s docket. Sometimes minor charges can be resolved within a few months, but felony charges may take years if the case proceeds to trial.
Will my case go to trial?
This depends on many factors. Sometimes charges are dismissed because there is insufficient evidence or for other reasons. Your attorney and the prosecutor may settle on a favorable deal before trial, but you may choose to accept or decline the deal. Your attorney may decide to take your case to trial, if there is a fair shot of winning your case. You should discuss your options with your attorney, who will answer any questions you may have about whether it is in your best interest to accept a deal or take your case to trial.
What is your fee?
There is no charge for the initial consultation. As our fee is based on the kind of charge against you, we do not quote a fee until we have discussed your case with you. Generally speaking, our fee for misdemeanor charges is significantly less than for felony charges as there is a greater likelihood that a felony will require a trial.
If you have further questions about your legal rights concerning, please contact Tynes Law Firm, PA.