Personal Injury FAQ's
Do I need a lawyer?
If you are charged with a crime, questioned by police, or under a criminal investigation you need a lawyer. Your right to a lawyer is very important and even if we cannot help you, we will help you find someone that can.
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Why do I need a criminal lawyer?
Lawyers are not “jacks of all trades” not all lawyers can or should practice criminal law. Criminal lawyers focus on dealing with criminal cases. This focus on a given area of expertise, translates to a more efficient handling of a case. You want a lawyer who has experience and training regarding the specific type of criminal case against you. Whether your case falls under being charged with a crime, infarction, or misdemeanor we welcome the opportunity to represent you or to get you pointed in the right direction. For assistance, contact us today.
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What makes a crime a misdemeanor and a felony?
Crime usually categorized as a misdemeanor or felony. Your particular state lawmakers determine which crimes are more/less severe than others. Although there are exceptions to every rule, for practical purposes we can look at a misdemeanor crime as one in which the maximum penalty is one year or less in state prison.
Felonies are crime which are categorized by our government as being more serious and therefore carry tougher consequences should conviction occur (typically at least one year). Please note that laws often depend on circumstance; crimes that may be felonies in one case may be misdemeanors in others. Contacting an attorney will increase the likelihood of being charged with a lesser offence.
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If I didn’t commit a crime, do I still need a lawyer?
Usually, yes. It’s unfortunate but well documented that there are many instances in which innocent people are sometimes convicted. Because this is a risk factor, it is in your best interest to obtain legal counsel. When your life is at stake, its better to be safe than sorry.
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Why can’t I represent myself?
In general this is typically an extremely bad idea. An attorney spends many years preparing to prosecute or defend others in criminal court; the lack of courtroom experience for the average citizen can often mean a severe disadvantage in the courtroom and an unwanted outcome. While it is within your rights, the idea of having a veteran prosecuting attorney with many years of experience versus the average citizen sets the stage for a very unfair trial.
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What is a retainer?
A retainer is basically a deposit paid to our law firm that secures your representation and other fees that may be incurred in the course of your case.
It is not always required. As it is a deposit, fees that are incurred on your behalf are simply subtracted from your retainer. A retainer is also a way by which a client may adequately track expenditures on his or her case. As our firm accepts payment via the internet, you may create or replenish retainers (if required) from the comfort of your home. Time is often critical in these situations and your ability to quickly give your attorney capital for your case is vital.
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What rights do I have if I am arrested?
In the event you are arrested, the police are supposed to read you your rights. This usually begins with a statement that “you have the right to remain silent” and that “anything you say can and will be used against you in a court of law.” This is called the “Right against Self-Incrimination.” It is the 5th Amendment of the United States Constitution and is one of our most fundamental rights. You do have the right to remain silent when arrested, and there is nothing wrong in choosing to do so. The law requires you to identify yourself to investigating officers, but in almost every situation, it is a serious mistake for the defendant in a criminal case to answer any questions about the case before speaking with an attorney. Remember this is only general advice for an in depth legal consultation, please contact our firm.
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What should I do if I have been arrested?
Giving officers a hard time during the arrest process is not helpful. It usually makes things tougher on you. If you have been arrested, play it smart, answer all questions about your identification (such as your name, address, and birth date) honestly. You may refrain from answering self-incriminating questions and choose to remain silent. Chances are if you have been arrested, we should talk about the circumstances around your case. Please contact our firm for assistance.
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How do I get out of jail after an arrest?
If bail has been set, the only way to get the person out of jail is to pay the bond for his/her release. A bail bond is like insurance; it means that the suspect agrees to appear at all following legal proceedings. Failure to do so can result in losing the bond, the issuance of an arrest warrant, and the loss of subsequent bail privileges. If a judge believes there is a possibility or likelihood that a defendant will not return as agreed, bail may be denied.
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