Frequently Asked Questions About Criminal Law

When you are facing criminal charges, you likely have a multitude of questions concerning the legal process and how it will affect your future. Since knowledge is power, asking the right questions can be the first step toward protecting your rights and future! We have compiled this FAQ sheet so you can get a baseline of knowledge about the issues you will likely face and how the process will play out. However, every case is unique! If you’re facing criminal charges, reach out to BRCK Criminal Defense Attorneys to better understand your options and learn more about your specific legal circumstances - we can answer your questions and build a strong defense.

‍What should I do if I've been arrested?
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‍Remain calm, exercise your right to remain silent, and do not answer questions without an attorney present. Contact our office immediately for representation.

‍When do I need to hire an attorney?

‍As soon as possible. The earlier you hire an attorney, the better we can protect your rights, preserve evidence, and develop a strong defense strategy. Delays can limit your options or lead to missed opportunities to strengthen your case.

‍Why is it important to hire an attorney immediately in a DWI case?

‍In a DWI case, you only have 15 days from the date of your arrest to request an Administrative License Revocation (ALR) hearing. Failure to request the hearing within this period can result in automatic suspension of your driver's license. An attorney can help protect your license and build a strong defense from the outset.

‍Can you help if I’ve already been charged and have a court date?

‍Absolutely. If you have already been charged, it's critical to have experienced legal representation immediately. We can take over your defense, review the evidence, and prepare for upcoming court dates to ensure your rights are protected.

‍What are the potential penalties for my charge?

‍Penalties depend on the specific charge, your criminal history, and other factors. We can review the specifics in a consultation and provide a clearer assessment.

‍Can my case be dismissed?

‍Dismissals are always the goal and can be based on issues like unlawful arrests, lack of evidence, or procedural errors. We will thoroughly investigate the circumstances and build a defense tailored to your case to explore all options, including dismissal.

‍How long will my case take to resolve?

‍The timeline depends on the court's schedule, the nature of the case, and whether we reach a plea agreement or go to trial. Many cases are resolved within a few months, but others may take longer if more extensive litigation is needed.

So people are sometimes surprised to learn that the Police can absolutely lie to you. During a detention, during an arrest, or just doing a normal conversation. The courts have said that police are allowed to be deceptive as they put it. Some common examples of times that we see Police officers acting deceptively would be when they tell you things like a witness has already told us everything so go ahead and tell us your side of the story. We hear them lie about evidence all the time, look at your fingerprints or DNA have already been found or look, I already know you’ve been drinking; go ahead and tell us your side of the story. Another common way we see police officers lie is about their future actions. So we hear things like tell me your side of the story and I’ll talk to the DA or to the judge and make sure you don’t get in any trouble. The truth is police officers are allowed to build rapport with you, build trust, lie to you, get a statement out of you and then use that statement against you in court.

Do I have to talk to the Police?

So you’re certainly under no legal obligation to speak with the Police. The biggest mistake we’ve seen over time is people of the mindset of I can talk my way out of this when usually the opposite is true. Generally people give little pieces of information or facts that end up getting themselves arrested and eventually prosecuted. As a US citizen, we all have fundamental rights. We have the right to remain free from unreasonable searches and seizures; we have the right to freedom of speech; and we certainly have the right to remain silent. The Fifth Amendment to the Constitution guarantees every citizen the right to remain silent when being questioned by Police or other government officials.

I don’t have an attorney, should I talk to the Police?

So we know the Police can lie to you, combined with the idea that generally you’re under no legal obligation whatsoever to be speaking with the Police in the first place, is how we get to that classic criminal defense attorney advice which is don’t speak to the Police without your attorney present. Your best bet is to politely, but firmly, let the officers know you’re not interested in answering questions right now. Now, when you do this, you’re gonna want to do so unequivocally, you’re going to want to be very clear. None of this wishy-washy, I don’t know if I should say something; should I or should I not officer, just nodding or shaking your head. Tell them very upfront and very clearly, look I’m not comfortable, I’m not answering any questions until I consult with my attorney. Now people always worry — isn’t that going to make me look guilty, when in fact that could not be further from the truth. It’s going to make you look smart and it’s going to make you look like you’re taking the situation seriously.

What do I do if I am being questioned?

So if you’re about to be questioned by the Police, or you’re getting phone calls from a detective asking you to come in and make a statement, don’t do so until you have called us. We can help you through that kind of situation. We helped a lot of other people. That way, you don’t get yourself in unnecessary trouble.

FAQ's

Frequently Asked Questions About Criminal Law

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