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If a person is arrested, what should he/she do?
Talk to a lawyer before giving any statement.
I was
cited and released by the police. Can you tell me if the DA has filed
charges against me?
To find out whether charges have been filed against you, only you (as
the suspect) or your attorney may find that out by calling the District
Clerk's Office.
How can a lawyer help me get my son/daughter out of jail?
A lawyer can assist you through this process which could include getting
the bond lowered. This could save you money if you have to hire a
company to bond your son/daughter out.
What can I do to assist my attorney?
Notify your lawyer if you change your address or phone number. Provide
information and documents to assist in your case including names and
addresses of witnesses.
If I
get a subpoena do I have to go to court?
Yes, you must go to court. If you fail to do so, the judge may impose a
fine or a jail sentence. (Be sure to bring your subpoena with you to
court.)
Who
decides what charges to file, and how do they make that decision?
If you were arrested, the arresting officer arrested you for what he/she
thought was some violation of law. However, a prosecutor could decide
that it was some other crime and this could increase or lower the
charge.
What
is plea bargaining?
There are not enough prosecutors, judges, or courtrooms to try every
case before a jury in every jurisdiction. A plea agreement is always
designed to balance these competing interests: a defendant's right to a
speedy trial, the seriousness of the case, the strengths or weaknesses
of the case, the victim's wishes, public safety, punishment,
rehabilitation, and deterrence. Therefore, a prosecutor may offer to
make a specific sentencing/punishment recommendation to the judge in
exchange for a plea. Hence, it is called a "plea bargain".
What
is an arraignment?
The arraignment is a court appearance in which the accused is given a
copy of the complaint, and informed of his/her constitutional rights. As
a general rule, the accused should enter a plea of not guilty.
What
is a preliminary hearing?
The preliminary hearing not a trial. It is a hearing in court where the
state has to show sufficient evidence to require the defendant to stand
trial. A jury is not
present; the judge alone makes the decision. Sometime this type of
hearing is called an examining trial.
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