FAQs About Criminal Defense

FAQs About Criminal Defense

Getting arrested or charged with a crime can be scary. You probably have a ton of questions about what happens next and what your options are. This article will cover some of the most frequently asked questions about criminal defense, to help you understand the process better. We’ll discuss common defenses, how to choose a lawyer, plea bargains, what to expect in court, and more.

What should I do if I’m arrested?

First, invoke your right to remain silent! Don’t say anything to the police except that you want to speak to a lawyer. The police are allowed to lie and manipulate you, so anything you say can be used against you, even if you’re innocent. Don’t try to explain yourself or give your side of the story – save that for your lawyer.

After you’ve asked for a lawyer, cooperate with the police by providing your name and basic info. But don’t answer any substantive questions. You may have to stay in jail until your arraignment, which is your first court appearance. At the arraignment, you’ll be formally charged, enter a plea, and find out your bail amount. If you can’t afford bail, you’ll wait in jail for trial.

What are the stages of a criminal case?

There are five main stages:

1. Arrest: Police take you into custody and book you into jail. This starts the criminal process.
2. Arraignment: Your first court appearance where charges are read and you enter a plea (guilty, not guilty, no contest). Bail is set if you’re jailed.
3. Preliminary Hearings: The prosecution must show enough evidence to establish “probable cause” you committed the crime(s) to proceed to trial.
4. Trial: The prosecution and your defense lawyer present evidence and make arguments before a judge or jury, who decide your guilt.
5. Sentencing: If found guilty, the judge gives your sentence based on law and guidelines.

There are lots of ins and outs during each stage. An experienced criminal lawyer guides you through the process and protects your rights.

Should I get a public defender or hire a lawyer?

Public defenders are free lawyers appointed by the court if you can’t afford one. They have heavy caseloads but generally provide competent defense. Hiring your own lawyer gives you more control – they only handle your case and give you personalized attention.

Factors to consider are the severity of charges, your finances, and how comfortable you feel with the public defender. If facing serious jail time, it may be worth hiring a private lawyer with more time for your case. Shop around to find someone experienced with your charges.

What are common criminal defenses?

Some top defenses that lawyers use to fight criminal charges include:

• Alibi – You were somewhere else at the time and couldn’t have committed the crime. Eyewitnesses and receipts help prove this.
• Self-Defense – You only used necessary force to protect yourself from harm. The level of force must match the threat.
• Insanity – Due to mental illness, you couldn’t understand your actions or know right from wrong. Hard to prove.
• Mistaken Identity – Someone else committed the crime and you were wrongly accused. Lineups and questioning witnesses’ memory can create doubt.

Other technical defenses challenge the legality of searches or interrogations. An experienced lawyer identifies the best defense strategies for your unique case.

What is a plea bargain?

Most criminal cases (around 90-95%) end in a plea bargain rather than trial. This involves negotiating with the prosecutor to plead guilty to lesser charges in exchange for a lighter sentence. It avoids the risk and expense of trial.

For example, pleading to misdemeanor assault instead of felony robbery. Or getting just probation instead of years in prison. The judge has final approval, but usually accepts plea deals. Your lawyer negotiates to get the best deal based on the evidence and your criminal history.

What happens at trial?

If no plea bargain is reached, your case goes to trial. The prosecution and defense first select a jury, then give opening statements previewing their evidence. Next, witnesses testify and are cross-examined. Physical evidence is presented. You may or may not testify.

After closing arguments, the jury (or judge in a bench trial) deliberates and decides if you are guilty “beyond a reasonable doubt.” If convicted, the judge determines your sentence based on guidelines and laws. There are various post-trial motions that can be filed to try to get convictions or sentences reduced.

What should I wear to court?

Dress professionally and conservatively to show respect to the judge and jury. Men should wear a suit and tie or at minimum a dress shirt and slacks. Women should wear a dress suit, dressy blouse and skirt, or slacks. Don’t wear shorts, jeans, tank tops, hats, sunglasses, flip flops, or torn clothing. Look neat and clean. Turn off cell phones and remove piercings.

Can I fire my court-appointed lawyer?

You can request a new public defender by filing a motion with the court explaining why your current one isn’t adequate. But judges rarely grant these motions unless there is a serious conflict of interest or truly incompetent representation. Public defenders have limited time and resources, so firing one could leave you worse off.

What happens if I miss court or violate bail?

Missing a court date is a VERY bad idea. The judge will issue a bench warrant for your arrest and forfeit your bail money. When caught, you’ll be jailed until trial and face additional charges of bail jumping or failure to appear. Your lawyer can try to get the warrant lifted if you have a very good excuse like hospitalization.

Violating conditions of bail like failing drug tests or contacting victims also gets bail revoked. The consequences depend on the judge but often mean waiting in jail until trial. Repeated violations look bad and get bail denied.

Can I appeal a conviction or sentence?

Yes, you can appeal after being convicted and sentenced. The trial court record is reviewed by appellate judges for legal errors that violated your rights or rendered the trial unfair. Typical appeal grounds are insufficient evidence, improperly admitted evidence, incorrect jury instructions, and excessive sentences. But appeals rarely lead to reversals.

Will a conviction affect my job, immigration, or gun rights?

Yes, a criminal record carries many collateral consequences. Employers often fire workers convicted of felonies or crimes involving dishonesty. Landlords may deny housing applications. Convictions can impact custody rights, lead to deportation for non-citizens, and revoke gun ownership and voting rights. Talk to your lawyer about mitigating consequences. Getting convictions dismissed or reduced through appeals and expungement can help lessen the impact.

How do I get a public defender?

At your first court appearance (arraignment), tell the judge you cannot afford a lawyer and request a public defender. You may have to provide proof of financial hardship through tax forms, pay stubs, or bank statements. If you’re found eligible based on income, a public defender will be appointed. Be sure to cooperate with them and provide all important information about your case.

Can charges be dropped before trial?

Yes, there are a few ways charges can be dismissed before trial:

• Prosecutor drops charges – if the evidence is weak or investigation finds you’re innocent
• Suppression of evidence – if evidence was obtained illegally
• Preliminary hearing finds insufficient probable cause
• Grand jury decides not to indict you
• Diversion program – charges dropped after completing rehab, community service, etc.

An experienced lawyer knows how to get charges reduced or dropped by exploiting legal technicalities and weaknesses in the prosecution’s case. But this rarely happens just because you ask nicely. There must be a legal basis.

What should I do to prepare for court?

Preparing for court is critical. Here are some tips:

• Review your case files, police report, and lawyer’s notes.
• Make a list of questions to ask your lawyer.
• Line up witnesses supporting your defense.
• Gather up evidence and documents to bring.
• Know your schedule to confirm court dates.
• If testifying, practice with your lawyer.
• Plan your outfit, route, and timing to arrive early.
• Get a good night’s sleep before each court date.

The more prepared you are, the better things will go in court. Share any new information with your lawyer as soon as possible. Being organized and engaged helps get the best results.

What happens if I’m found not guilty?

If the jury or judge finds you “not guilty,” the charges are dismissed and you face no punishment or restrictions on your freedom. Your arrest record may still exist, but you can potentially get it expunged. Not guilty verdicts are irreversible due to “double jeopardy” protections. So you cannot be retried for the same crime if acquitted.

After being released, get a copy of the disposition order from your lawyer showing the not guilty verdict. This helps protect against any misunderstandings or false accusations related to the arrest down the road. Maintain records should you ever need to demonstrate your innocence.

Can I represent myself in court?

You have a right to represent yourself but it’s almost always a bad idea. Very few people have the legal skills and knowledge to competently defend serious charges without a lawyer. You need an objective third party to give advice. Handling your own defense is risky and judges will still expect you to follow all court rules and procedures. Get a public defender if you can’t afford a lawyer.

What happens at sentencing?

Sentencing happens after conviction by plea bargain or trial. The judge hears arguments from the prosecution and your lawyer on appropriate sentences. Factors considered are the facts of your case, your criminal history, victim impact statements, and sentencing guidelines.

The judge has discretion but generally imposes a sentence within the statutory range for that crime. Your lawyer presents mitigating circumstances aiming for the low end. You may also make a statement expressing remorse and describing how you plan to turn your life around.

Can charges be expunged from my record?

Maybe – many states allow for expungement or sealing of criminal records after a certain period of time, depending on the crime and other factors. Misdemeanors are more likely to qualify than serious felonies. The process involves petitioning a court and varies by jurisdiction. If granted, your charges are essentially deleted from public databases.

Expungement gives you a clean slate by removing a barrier to jobs, housing, loans etc. But government agencies like law enforcement can still access the records. Talk to a lawyer to see if you’re eligible.

What if I’m arrested in another state?

If arrested outside your home state, the process works much the same but may involve extradition. This means being transported back to the jurisdiction where your alleged crime occurred. The state must obtain a warrant and follow proper procedures to extradite you[1].

After arrest, you’ll have an extradition hearing where it’s determined you’re the person in the warrant. You can waive extradition and just wait to be sent back. Or you can fight extradition, arguing there’s no justification. An attorney can advise if it’s better to waive or fight the process[2].

If extradited, local charges may still apply for crimes in the arresting state. The original state handles your criminal case there. But you get constitutional protections like the right to an attorney, trial, bail, etc. in both states[3][4][5][6].

Bottom line – invoke your right to a lawyer if arrested across state lines. Be cooperative otherwise. Let your attorney handle the extradition details and defending the criminal charges.