Criminal Law FAQs
The Arrest Procedure can be frightening and intimidating for anyone. We have compiled a list of frequently asked questions about the arrest procedure and arrest rights with detailed and easy to understand, clear answers.
For additional in-depth information specific to your case, please contact a Criminal Defense Attorney. We are here to help you through the process.
.jpg)
Q: What should I do if I have been arrested?
A: You are under arrest when law enforcement officers take you into custody or deprive you of your freedom of movement by holding you to answer for a criminal offense. If you have been arrested, answer all questions about your identification—such as your name, address, and birth date—truthfully. You have a right to refuse to answer self-incriminating questions, and you have a right to have your attorney with you while answering questions.
Q: What are my rights when the police question me?
A: You have the right to remain silent. Anything you say can be used against you in court. If you decide to answer questions, you can change your mind and stop answering them at any time. You have the right to consult with an attorney before answering questions and to have an attorney present when answering questions. If you decide to answer questions or make any statements, the information you provide should be accurate and truthful. You also have the right to reasonable bail, the right to a fair and public trial, the right to be informed of the charges against you, the right to be confronted with the witnesses against you and to gather witnesses of your own, and a number of other rights.
Q: What property of mine can an officer search?
A: If you are arrested in your home, officers may conduct a limited search of the immediate area without a search warrant. The officers may seize contraband, stolen property, or evidence of a crime. They may also check the rest of the house for accomplices or threats to the officer's safety.
If you are arrested in your car, officers may search for weapons. They may also ask for consent to search the vehicle. If you give consent to search, the officers may and probably will conduct a complete search of the vehicle. In the absence of consent, the officers cannot conduct a general search unless there is probable cause that the vehicle is carrying evidence of a crime or contraband.
Q: What happens after I am arrested?
A: After you are arrested, you will be taken to a police station, jail, or other detention facility, advised of the charges against you, and given an opportunity to contact an attorney. You may be asked to provide samples of your hair, blood, breath, etc. If you refuse to provide these samples, a request for a court order to obtain these samples may result. You will be processed into the jail and taken before a magistrate or judge as soon as possible to receive additional legal warnings if you do not post bail.
Q: What is the ‘presumption of innocence’?
A: In the United States, a criminal defendant is presumed innocent until proven guilty. This means the prosecutor must prove (beyond a reasonable doubt) that you committed the crime of which you are accused and you do not need to do or say anything to prove your innocence.
Q: What is the difference between a misdemeanor and a felony?
A: The difference between a misdemeanor and a felony depends on the severity of the crime. A misdemeanor is generally a crime where the maximum penalty is one year or less in jail and fines of up to $2,500. Conviction of a felony in state court can result in jail or prison time for more than one year, up to $25,000 in fines, and can also result in other serious legal repercussions.
Q: What is the difference between and state and federal court?
A: Federal courts are established by the United States government to decide disputes involving the United States Constitution and laws passed by Congress. Federal courts generally decide cases in which the United States is a party, cases involving a violation of federal laws or the constitution, cases between citizens of different states, and cases involving bankruptcy, patent law, and maritime law.
State courts are established by a state, county, or city. They y handle a larger number and broader variety of cases than the federal courts.
Q: How does a criminal case get into federal court?
A: Federal criminal cases begin when a U.S. Attorney or Assistant U.S. Attorney representing the United States, brings evidence to a federal grand jury, which the government believes shows a person committed a crime. If the grand jury agrees, it issues a formal accusation, called an indictment. The person indicted may be arrested before or after the grand jury proceeding.
After the indictment, an arraignment is held where the defendant is brought before a judge and asked to plead guilty or not guilty. If the defendant pleads guilty, a date is set for sentencing. If the plea is not guilty, a time is set for trial.
Q: Does every case involve a trial?
A: No. Every criminal defendant has a right to a trial, but in many cases, a defendant and his or her attorney can reach a favorable settlement of the charges, which helps defendants avoid the cost, stress, and notoriety surrounding a trial.
Q: What happens before the trial?
A: When a defendant has been indicted or charged by criminal information, the lawyers begin the pretrial discovery process where they try to learn as much as possible about the other side’s case. A good defense lawyer will conduct a thorough investigation before the trial of a criminal case, including interviewing witnesses and visiting the scene of the alleged crime. Depending on the strength of the case against a defendant, either side may try to negotiate a plea agreement prior to trial. Defendants and their attorneys should work closely together to decide if a plea is a good option for them.
Q: What happens at trial?
A: If a jury is hearing a case, the first step is jury selection where the judge and sometimes the lawyers ask the potential jurors questions to determine if they can decide a case fairly.
After the jury is in place, each side gives an opening statement in which they set out their version of the evidence in the case. Then the parties begin introducing evidence by questioning witnesses and providing documents and physical evidence as exhibits. The prosecution goes first, followed by the defense. After the close of the defense’s case, the prosecution may chose to present additional rebuttal evidence.
After all the evidence has been presented the lawyers give closing arguments and the judge gives instructions to the jury, explaining the relevant law, how it applies to the case, and what questions the jury needs to answer. The jury then goes to a separate room to determine the outcome of the case.
Q: What happens after trial?
A: If a defendant is found guilty, the judge sets a date for sentencing. If the conviction is for a felony in state court, the judge will order a pre-sentence investigation to aid in determining the sentence. In federal court, the judge decides the sentence after considering the federal sentencing guidelines and other information relevant to sentencing.
Defendants may appeal the verdict or file a motion for a new trial if they believe there were legal flaws in the original trial or the jury’s assessment of the evidence.