CRIMINAL Law FAQ

The frist thing you should do if you have been arrested for any crime is to get an attorney involved as soon as possible. Do not give a statement, even if you think the person asking for your statement is your friend. The leaset said the better - Innocent or Not. Many times cases are lost because the Defendant provided a statement, and most times those statements were given because the defendant thought it would help prove their innocence.

Felony Charges: If you contact an attorney early on in your case (preferably a day after your arrest), and if an Indictment or Information has not already been filed, your attorney may be able to keep the prosecutor from obtaining an Indicment against you or filing your case. As Alan Simpson, P.C. we contact the police officer who arrested you and the office who wrote the incident report; we research your file; and we speak with other relevent individuals before you are formally charged so that we can attempt to keep the Grand Jury from Indicting you or the District Attorney from filing your case.

WHAT TO DO IF YOU ARE ARRESTED:

If you have broken a law, or if law enforcement officers suspect that you have broken a law, you may be placed under arrest. The following is a brief summary of your rights and what you can expect. This should be used for informational purpose only. If you are arrested, consult with an attorney immediately.

When am I under arrest?

You are under arrest when law enforcement officers take you into custody or deprive you of your freedom of movement in order to hold you to answer for a criminal offense.

What are my rights when the police question me?

You have the right to remain silent. But, if you choose to speak, anything you say can be used against you in court. If you decide to answer questions, you may stop answering them at any time. You have the right to consult with an attorney before answering any questions, and to have an attorney present during questioning.

Can an officer detain me without arresting me?

Short answer, yes. The police are allowed to require you to identify yourself and explain your presence at a particular time and place. If the officer believes you may be armed or dangerous, he or she may conduct a limited pat down. The failure to identify yourself may be grounds to arrest. The officer cannot hold you for an extended period of time-they must either let you go or make an arrest.

When can I be arrested without a warrant?

You can be arrested without a warrant if you commit an offense in the presence of a police officer, or if a credible person reports that you committed a felony and are about to escape.

How much force may a police officer use?

Police officers can use "reasonable and necessary" force to overcome resistance. Resisting arrest can also be a criminal offense.

What property of mine can an officer search?

This is a complicated question that depends on many factors. Generally, if you are arrested in your home, the officers can conduct a limited search of the immediate area without a search warrent. If they find contraband, stolen property, or evidence of a crime, they can seize it. The officers can also check the rest of the house for accomplices. If you are arrested in your car, the officers can search for weapons you may use against them. They must have probable cause that the car contains contraband or evidence of a crime to conduct a general search of the car.

What happens after I am arrested?

The officers will transport you to some sort of detention facility (usually a jail or a police station), where you will be allowed to contact an attorney. You will be advised of the charges against you, and you may be required to stand in a lineup or provide other evidence such as hair and blood samples or fingerprints. You should have an attorney present if you are fingerprinted or photographed, or if you have to appear before a magistrate.

How do I get released?

You can be released on bail (either cash or a bond) as security for your appearance in court, or you may be released on your own recognizance (your promise to come back to court when you are told).

What's next?

Call a lawyer, if you have not done so already. Alan Simpson is extremely experienced in criminal law, and can help you even if you did not call an attorney right away.