FAQ

Q. Do I need an attorney at the first appearance?

A. The first court appearance is referred to as an Arraignment. There are certain charges where an attorney can excuse your presence at court (certain misdemeanor charges, please check with an experience criminal defense attorney). During an Arraignment you are advised of your constitutional rights and informed of the charges against you. During a felony arraignment the attorney may have to argue bail or to allow you to remain free without bail. Also you will enter a plea of guilty or not guilty. For felony chargers, you will be required to have an attorney represent you.

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Q. If I am already represented by the Public Defender, can I hire my own Attorney?

A. Yes. You can hire your own Attorney at any time during the proceedings. You should hire your own Attorney as soon as practical. It will be more beneficial to hire a private attorney at the earliest possible time in order to better familiarize himself with the case and therefore making the right decision at the right time.

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Q. What if I already talked to the Police Office/Detective?

A. Officers must read you what is known as your “Miranda Rights”. An experienced Criminal Defense Attorney may be able to help in keeping out such statements. It is never in your best interest to speak to law enforcement until after you have spoken to an Attorney!

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A. A majority of Police Departments would like to have the individual stay in the vehicle. Remaining in the vehicle with your hands on the steering wheel protects both you and the officer. After being stopped, wait for the police officer to approach your

A. It is very important to remember that you should immediately speak to an Attorney. An experienced Criminal Defense Attorney can advise you of your constitutional rights, the criminal process, as well as explain the charges that are being alleged against you.

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Q. Should I get out of the vehicle and wait by the side?

A. A majority of Police Departments would like to have the individual stay in the vehicle. Remaining in the vehicle with your hands on the steering wheel protects both you and the officer. After being stopped, wait for the police officer to approach your vehicle. Do not roll down your window until you see a uniformed police officer.

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Question: If I am stopped for the suspicion of driving under the influence, do I have to answer the officer’s questions?

Answer: Normally, if an officer stops you for DUI, they will have you exit the vehicle. They will probably ask you if you had anything to drink, how much you had to drink that night, or when was your last drink. You do not have to answer their questions, but only provide the driver’s license, registration and proof of insurance.

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