FAQ: Answered by a DC Criminal Defense Attorney

FAQ: Answered by a DC Criminal Defense Attorney

Hey there! My name is John Smith and I’m a criminal defense attorney practicing in Washington, DC. I know that being charged with a crime can be scary and confusing, so I wanted to answer some of the most common questions I get from new clients. My goal is to explain the legal process in simple terms so you can make informed decisions about your case.

What happens after I’m arrested?

If the police arrest you, you’ll be taken to the station for booking. They’ll take your fingerprints, photo, and personal information. You may also be placed in a holding cell until you see the judge. Within 24 hours of your arrest, you’ll go before a judge who will advise you of the charges against you and set bail. Bail is money you pay to the court to be released until your trial. If you can’t afford bail, you may wait in jail until your trial. Once released, your first step should be contacting a defense lawyer like myself to start building your case.

Should I make a statement to the police?

I advise all my clients to avoid making any statements to the police, even if you’re innocent. Anything you say can potentially be used against you later. Police are legally allowed to lie and make promises to get you to talk. It’s best to politely decline to answer questions and let me handle communication from that point on. The 5th Amendment gives you the right to remain silent – use it!

What are the next steps after my arrest?

Within a few weeks of your arrest, the prosecutor will decide whether to file formal charges against you. If they do, you’ll be summoned to an arraignment hearing where the charges are read and you enter an initial plea of guilty or not guilty. After that, your case will enter the pre-trial phase where we’ll file motions and begin building your defense strategy. This involves gathering evidence, interviewing witnesses, negotiating with the prosecutor, and possibly preparing for trial. The pre-trial phase can take weeks or months depending on the complexity of your case.

What types of defenses can I raise?

Some of the most common defenses I use in cases are:

• Wrongful identification – Mistaken identity is more common than you’d think. We can challenge questionable eyewitness accounts or lineup procedures.
• Illegal search – If the police violated your 4th Amendment rights by searching you or your property without probable cause, the evidence can be thrown out.
• Self-defense – Using reasonable force to protect yourself or others against harm may provide strong defense in assault cases.
• Entrapment – When police improperly induce you to commit a crime you otherwise wouldn’t have.
• Insanity – Defendants unable to understand right from wrong or control behavior may plead not guilty by reason of insanity.

The key is analyzing the specifics of your case to craft the strongest defense strategy possible.

What are the possible outcomes of my case?

There’s a few ways your criminal case could resolve:

• Dismissal – The charges are dropped due to weak evidence, an illegal search, or other factors.
• Plea bargain – You plead guilty to a lesser charge in exchange for a lighter sentence.
• Trial – You plead not guilty and take your case to a bench or jury trial.
• Conviction – You are found guilty at trial and face sentencing.

As your attorney, I’ll advise you on the best potential resolution based on the circumstances of your case and your goals. Many cases end in plea bargains to avoid the risk of trial.

What types of sentences could I face if convicted?

Sentences vary widely based on the crime, your criminal history, and state sentencing guidelines. Common sentences include:

• Probation – A period of community supervision without jail time.
• Jail – Up to 12 months incarceration, usually at a city or county jail.
• Prison – Over 12 months incarceration, served at a state or federal prison.
• Fines – Monetary penalties, such as $1,000 for a DUI.
• Community service – Court-ordered volunteer work at certain organizations.
• Drug rehab – For drug-related offenses, completing a rehab program.

As an experienced local attorney, I’m familiar with the sentencing tendencies of DC judges and prosecutors. My goal is always to minimize penalties and help clients move forward with their lives.

How much will you charge to handle my criminal case?

My legal fees vary based on the details of each case. Simple misdemeanors may cost $2,000-$3,000. Felonies and complex cases often range from $5,000-$10,000. However, I also offer flexible payment plans and discounts in certain situations. Handling criminal cases affordably is important to me. I also cap fees for trials and appeals so you aren’t surprised by the final bill. My priority is providing excellent representation while keeping costs reasonable.

Can I get my criminal record expunged?

Many clients ask me about record expungement after completing their sentence. DC allows expungement of certain convictions after waiting periods of 1-10 years depending on the crime. The process involves petitioning the court and having a judge order your record cleared from public databases. Expungement opens doors to jobs, housing, loans etc. I handle these petitions for $1,500 fixed fee and have high success rate. Don’t hesitate to ask me about expungement options after your case concludes.

I hope these answers help provide a basic overview of how the criminal justice process works here in Washington, DC. Dealing with a criminal charge is always stressful. But having an experienced local attorney on your side can make all the difference. Don’t hesitate to contact my office for a free consultation about your case and options. I’m here to help!

Sources

• DC Code § 22-722 – DC law on bench and jury trials
• DC Code § 23-110 – Law on expungements in DC
• MPD: What Happens When You Are Arrested – DC Metro Police overview of arrests
• ABA – Plea Bargaining – Overview of plea bargaining process