Frequently Asked Questions

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What should I expect after being arrested for a crime?

  • You have the right to a criminal defense attorney.

  • The prosecutor decides whether the arrestee will be charged with a crime.

  • Once charged with a crime, there is a preliminary hearing to determine if there's enough evidence to proceed.

  • The arraignment (first court appearance) is set in the days following. That’s where you enter a plea and bail is reviewed/set.

  • If the person charged pleads not guilty, everyone prepares for and proceeds with a trial.


What if I'm under investigation for a crime, but haven't been charged yet? Do I need a lawyer?

  • If you find out you're under investigation for a crime, it's important to find a defense lawyer as soon as possible. They can help protect your rights and ensure evidence is obtained legally and fairly.


What does a criminal defense attorney do and when should I contact one?

  • It’s best to contact a criminal defense attorney as soon as you know, or think, you’re being investigated for a crime to give your case a head start and ensure you are treated fairly during the process.

  • If your attorney is in the loop before an arrest or charge has been made, then they have the opportunity to be a part of the evidence collection process, advise you on the legal process (including your rights), as well as prepare you for the potential outcomes if an arrest and/or charge is eventually made.

  • Having a defense attorney on your side also offers a sense of support and guidance during an incredibly emotional and stressful experience.


How do I know I'm under investigation for a crime?

  • Unfortunately, it can be difficult to know if you’re being investigated for a crime.

  • If police or other investigators have spoken to you in relation to a crime this could be a sign they are considering you as part of their investigation.

  • If you feel you may be under investigation for a crime, contact a criminal defense attorney immediately for guidance and legal counsel.


What's the difference between a felony and a misdemeanor?

  • Misdemeanors and felonies are two classifications of crimes.

  • Crimes classified as felonies are considered more severe than misdemeanors and, therefore, have higher-stakes consequences.

  • These two classifications can be categorized further based on type and severity, which then dictates the type and extent of a crime’s penalty.


Do I have to provide a statement to the police?

  • You have the right to not answer questions from the police and it’s important to remember that anything you do say, especially during an investigation, can be used to move forward with a formal charge and can also be used in court.

  • If you’re concerned about a potential criminal charge, it’s best to seek counsel from a defense attorney before making any statements.


Does being charged with a crime mean I go to trial?

  • Being charged with a crime means an allegation has been made that you have committed or took part in a criminal act.

  • Moving forward to trial depends on a couple of factors after the initial charge is made, such as how you plead in your first court appearance.

  • Consult a criminal defense attorney as soon as possible for more guidance and advice on the legal process pertaining to your specific case.


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