I THINK I HAVE DONE SOMETHING WRONG. SHOULD I CONTACT A CRIMINAL DEFENSE ATTORNEY?

Yes, and you must do so as soon as possible! Even if you are accused of a crime but charges have not yet been filed, your case is in a status called “prefile”. As a result, the best time to consult one of our experienced criminal defense attorneys is now! This is because at this stage certain steps can be taken to protect you, and also to identify ways to prevent criminal charges, if possible.

In a way, your lawyer is like a fire-fighter who, if called early enough, may be able to set down the flames before a raging fire gets out of control.

Conversely, the worst thing you could do is ignore the potential gravity of your case. If criminal charges are or may be laid against you, our criminal defense lawyers can review your case and present you with what could or should be done to protect your rights and ultimately, your freedom.

IF I AM ARRESTED, WHAT WILL HAPPEN?

You will be taken in custody at transported at the police precinct, where a booking process will take place, meaning that an officer will probably take your personal belongings, and will also collect your fingerprints, and take your photo. You should also know that depending upon the facts and circumstances of your case, our lawyers may be able to seal the record of your arrest.

Further, the outcome of your arrest will depend on whether you are charged with a misdemeanor or a felony. If a misdemeanor only, you may be released after booking and you may be provided with information regarding a future court date. Otherwise, you will be remitted to jail and you will be held there until the time the judge may release you on bond. Sometimes a release on your “own recognizance” is possible, depending on the circumstances and gravity of your case.

You should know that at the time of your arrest the police are required to inform you about your rights. These rights, such as the right to silence and the right to have an attorney present with you at any stage of the interrogation and beyond, are extremely important. If you are kept in custody, you must not discuss anything about your case with anyone other than your defense attorney. Your defense attorney will make arrangements for confidential meetings so that he and you can openly and efficiently discuss your case. Equally important, while being in jail you have no expectation of privacy, meaning that your 4th Amendment Constitutional rights are limited. Remember that any phone calls you may make or letters you may send out are monitored. Finally, some of the inmates in the same jail where you are detained often act as “informants” or “snitches” and therefore what you tell them may be used against you later.

Unlike what some may believe an arrest is only an accusation, not a conviction. You must not feel embarrassed, discouraged, or hopeless after going through the process of an arrest. Our lawyers will talk with you and will formulate a plan to assist you in the most effective manner possible. Once you know that your case is central to us, you will experience more confidence in the outcome of your case.

DO I HAVE TO TALK TO THE POLICE?

Your do not! However, you can be required to tell the police officer your name and address, and must show some identification if so requested. If arrested, you are taken in custody and transferred to the police station. This process triggers very important rights for you.

While you are in police custody you must be administered the so-called “Miranda Rights” before any questioning may take place. These Miranda warning requires, among other, that the police advise you of your right to an attorney and your right to remain silent, meaning that the police cannot question you if you rise your right to remain silent. Otherwise, if you voluntarily and knowingly continue to talk, anything you say can be used to support the government case against you. Therefore, it is always best to REMAIN SILENT and consult with your Central Law Group attorney before making any statements.

CAN I BE RELEASED FROM JAIL WITHOUT HAVING TO PAY BAIL?

Yes, on your own recognizance, but under certain circumstances.

Otherwise, the amount for bond (or “bail”) will be set according to the schedule applicable in that particular county where you were taken in custody. The bond amount will depend upon the nature and seriousness of the charges filed against you, as well as other factors. If a bond is granted you will be released once the bond amount is paid.

In more serious cases, or in those cases where you already have a criminal history, bail may not be available to you at the police station, but you may be required to appear before a judge in order to request a bond. Judges enjoy substantial discretion on whether to require a bond or to release you on your own recognizance. The judge will look at whether you are a danger to the public and whether your “ties to the community” are significant. At this stage, while in front of a judge, our lawyers’ arguments in support of your bond may save you thousands of dollars in bond fees.

MISDEMEANOR OR FELONY? WHAT IS THE DIFFERENCE?

Misdemeanors are criminal offenses that carry a maximum sentence of up to one year in county jail. Felonies are more serious criminal offenses and can result in imprisonment in state prison for at least a year, or much longer, depending upon the facts and circumstances of your case.

Some criminal offenses are called “wobblers”. This means that they can be prosecuted and tried as either misdemeanors or a felonis, depending on the circumstances. The prosecution will decide whether you will be charged with a misdemeanor or a felony, depending on the circumstances and gravity of your case as well as any past criminal history you may have.

THE FIRST COURT APPEARANCE (ARRAIGNMENT)

The arraignment is your first court appearance after being charged with a crime, at which time:

• You will be informed of the charges brought against you.
• Your lawyer will be provided a copy of the complaint, along with any discovery (meaning police reports and other documents associated with your case).
• You will be asked to respond to the charges by entering a plea (guilty or not guilty)

Entering a “not guilty” plea

When asked to enter a plea at the arraignment stage, your Central Law Group attorney will almost always enter a “not guilty” plea on your behalf. The effect of entering a plea of not guilty is like asking the government “can you prove that my client committed the crime”? Finally, before the arraignment hearing is over, a next date for court will be set and the matter of time waiver will be addressed.

Know that the arraignment is the first step in a process that may impact on your life in several ways as it may affect your freedom, you reputation, and even your career. For these reasons and more, it is very important that you have your Central Law Group defense attorney present alongside you every step of the way, from the beginning of your case.

I already confessed. What now?

Even so, we may be able to prove that your confession was not obtained through legal means and if the prosecutor does not have any other evidence to prove your guilt beyond a reasonable doubt (other than your confession), then the charges could be dropped.

THE ARRAIGNMENT IS DONE. WHAT FOLLOWS?

Central Law Group case evaluation

Your attorney will evaluate the strengths and weaknesses of the case against you, largely based on the discovery obtained from the government. Evidence that may have been illegally obtained may be excluded.

Dismissing the charges against you

The complete dismissal of all charges against you is always central to our attorneys but remember that this is not always possible. Often times we prepare your case for trial with an awareness that a negotiated settlement is probable to occur. If a dismissal of all charges against you is not possible, your lawyers will creatively work to minimize consequences, as possible, through:

• Civil resolution
• Alternatives to jail time, such as public service, counseling, etc.
• Programs for first offenders, and other

Plea Bargain. What Does it Mean?

If our lawyers cannot obtain a dismissal of your charges, the outcome of your case will be in one of two ways: a negotiated resolution (called a “plea bargain”), or trial.

Sentencing

The nature of the criminal offense, your prior criminal history, along with other specific circumstances of your case and aggravating and mitigating circumstances will be considered by the judge before issuing the sentence. Our Central Law Group lawyers are zealously advocating for your case and we know how to create a positive view on sentencing in a way that that brings forth as many mitigating circumstances as possible while reducing the effect of any aggravating circumstances present.