Important Facts Regarding Criminal Law
During my many years of practice I have been asked several questions about the various aspects of criminal law. For instance, if one is questioned about a crime, should he talk to the police?
The answer is no. Never talk to the police. Ask for a lawyer immediately. Don't say a word to the police. Do not give the police permission to search you or your vehicle, even if you have nothing to hide. Do not let the police inside your house or search your house without seeing a warrant allowing the police to enter your house and/or search your house.
If the police arrest you for any reason, do not resist.
If you become aware of a warrant for your arrest, call an attorney with significant criminal defense experience, immediately and let him handle the situation. He should be experienced in bond hearings, preliminary hearings, pre-trial motions, trials and post-trial motions.
Unless, along the way your case is dismissed at the preliminary hearing, the pre-trial hearing, the pre-trial motion or the trial, this is the order most criminal cases follow...
Some cases can be expunged from your record, but if you have a conviction on your record, no case can be expunged. However, some cases can be sealed. These cases are listed in the criminal statutes, but whether or not sealing is granted is determined by the judge hearing your petition to seal. Remember, the best way to proceed when it comes to an interaction with the police is to immediately ask for a lawyer and to not say anything.
What happens if you did talk to the police and you did make incriminating statements. I will file motions to prevent your statements from coming into evidence, at trial, for reasons such as lack of Miranda rights, coercion, length of questioning, lies presented to you about the evidence, lack of comprehension, exhaustion, physical and verbal abuse, promises of leniency, etc. I will file motions to prove that searches of you, your vehicle, your home were not legal. I will also have my experienced investigator question witnesses and collect evidence in your favor. I will build a case for your defense. If necessary, I will use expert witnesses to discredit the prosecution's case. In other words...I will do whatever it takes to find you not guilty
The most important fact to know when selecting a criminal lawyer, is to make sure he or she has the experience and trial savvy to protect your rights and fight for an acquittal. Too many lawyers just plead out their clients to a sentence the prosecution offers.
Get a lawyer who will fight for you every step of the way: bond hearing, preliminary hearing, pre-trial motions, trial and post-trial motions. That lawyer is definitely me. I pride myself on the fact that I fight vigorously for each and every one of my clients.