Criminal Defense FAQs

Yes, but there are a few exceptions to the warrant requirement. The plain view doctrine allows an officer to search a vehicle if contraband is visible from a public place. There are also exceptions for fleeing suspects, probable cause of evidence destruction, and emergency well-being. If an officer conducts an illegal search, all evidence gathered during the search must be excluded. Additionally, if the search resulted in the discovery of additional evidence, the additional evidence must be excluded.

Yes. An attorney can help to make sure that your rights are not violated during the criminal process. Even if you are planning on pleading guilty, a good attorney can work to come to an agreement as to sentencing or secondary charges.

You should expect someone who has clear communication, negotiates and advocates on your behalf, and protects your rights. Your attorney should understand the “why” of your case. What is important to you? Do you have a license that would be impacted by a conviction? Do you have an immigration status other than US citizen? Are you in the middle of a parenting dispute and a conviction would impact your relationship with your children? These are all important things that a good criminal defense attorney will consider when advising you.

Only during custodial interrogation. Your “miranda rights” only apply when you are in police custody (a reasonable person would not feel free to leave) and law enforcement is asking you questions or conducting themselves in a way to produce testimony. Officers do not need to Mirandize you when you are being arrested. This is a trick that is often used to make people talk during the ride to the station. If the officer is not questioning you, Miranda does not apply.

You have the right to remain silent and the right to have an attorney present. You cannot be subjected to undue pressure, and you have the right to end the questioning.

Yes, you can proceed “pro se”. This is your right, but you will be held to the same standard as an attorney and will be unable to appeal due to ineffective assistance of counsel.

Contact an attorney immediately and start working on getting the warrant quashed. Make sure you avoid police contact. If confronted about your warrant by law enforcement, do not try to lie about your identity, run, or resist arrest, this can result in additional charges. If the warrant cannot be quashed, your attorney can work with the Court and Sheriff’s department to schedule a surrender and first appearance on the same day.

A plea bargain is an agreement between the prosecutor and the defendant to resolve a criminal case. Plea bargains usually involve exchanging guarantees from the state and an admission of guilt from the defendant. Prosecutors might be willing to reduce charges, dismiss secondary charges, or advocate for a certain sentence in exchange for an entry of plea. If you can establish doubt in the State’s case, plea bargaining can be an effective way to reduce the risk to a defendant by guaranteeing probation, reducing felonies, or addressing secondary concerns like immigration status, professional licenses, or parenting time. Whether or not you should take a plea deal is entirely up to you. Every plea bargain involved a risk and reward. A good attorney will describe the risks to you, but only you can determine if it is the correct decision for your future.

Yes, charges can be negotiated and dropped before trial. This is more likely to happen when additional evidence is discovered or a witness retracts their statement. It is more common for charges to be reduced in lieu of a trial or for a jury to find the defendant not guilty.

A criminal jury trial can take anywhere from one day to multiple weeks. While a simple DUI case might take one day, a complex federal RICO trail may take multiple months.

A misdemeanor is a less serious crime than a felony and is usually resolved with probation, house arrest, community service, fines, or a year or less in jail. A felony is a more serious crime that could result in a prison sentence ranging from 2 years to life, fines upwards of $25,000, probation, post-release supervision, or the death penalty. The potential sentence and mandatory minimum is determined by the classification of the felony and number of crimes.

No! A lawyer being present can help your case in the long run. You have the right to remain silent. It is your right not to talk regardless of what the police tell you. Anything you say will be used to try and question your story or support a conviction. If a police officer is questioning you, it is too late to talk yourself out of the situation.

Governed by 5th and 6th amendments: grand jury, double jeopardy, self incrimination, right to confront witnesses, right to subpoena witnesses to testify on your behalf, right to challenge evidence, due process, speedy and public trial, impartial jury, and legal counsel. There are additional rights that are not used as often, like the right to a competency evaluation and the right to represent one' s self.

They are booked at the nearest jail and brought in front of a judge for an initial appearance within 72 hours. The Court ensures that they are informed of the charges brought against them, their rights are explained, and the person has the chance to ask for bond/ bail or pretrial release.

This answer will depend on the alleged crime, the location of the crime, the collateral consequences involved, and the experience of the attorney. A first offense DUI in Lancaster County might be a flat fee of $2,500 while a first degree murder in a remote county might be a flat fee of $100,000. Criminal defense is one of the areas where it is not always best to take the cheapest option. An experienced trial attorney who has multiple high-end felony acquittals, like James Scarff, will charge more per hour and likely be able to provide a higher level of care than an inexperienced attorney. Individualized case planning will cost more than representation from a criminal defense mill. It is important to consider the complete package of a representation agreement, not just the flat-fee or retainer amount.

You should look for someone who has experience in your specific type of case. An attorney who only practices DUI defense will likely be “learning on the job” in a sexual assault case. Experience is not everything, but when it comes to being able to spot issues or strengths in a case, having someone who has been there before is valuable. To test whether the potential attorney understands your case, ask them to explain what the state needs to prove. You should look for an attorney that is transparent with costs. At Polaris, we try to implement policies like flat-fee pricing to increase transparency and set expectations for your case. Traditional hourly billing can be necessary for certain cases, but it can also lead to drastically higher costs and fear of contacting your attorney due to being billed per phone call. Lastly, avoid any attorney that makes guarantees. An attorney cannot tell you on the first phone call whether or not a case will be dismissed. Without reviewing the evidence, any promise or guaranteed result should be a red flag. Our only guarantee to potential clients is that we will use all our expertise, experience, and effort to zealously advocate for their interests and inform them of important developments every step of the way.

Criminal law is the branch of law that defines crimes, the process for arrest, trial, appeals, and the rights of the accused. Penal law covers the sentencing, fines, probation terms, and rules about parole or early release. However, these terms are often used interchangeably.

A criminal court is a court that has jurisdiction over disputes involving the criminal justice system. Our constitution gives due process rights to everyone present in the United States and requires the government to prove allegations before holding someone in custody. The criminal courts are where prosecutors must prove their case in front of a judge. Defendants are able to address the Court, present evidence in their behalf, and retain lawyers to represent them at Court.

The standard of guilt in a civil case is generally a preponderance of the evidence instead of beyond a reasonable doubt. The standard in criminal court is higher due to the liberty interests at stake in criminal proceedings. While civil cases can result in large fines or financial hardships, criminal proceedings can result in loss of life, liberty, and property.

The plaintiff in a criminal case is always the State, the city, or The people of the United States (in federal cases) depending on who has jurisdiction. Jurisdiction is determined by where the crime occurred and the statute that was violated. Example, a defendant can face State charges brought by a county attorney’s office for violating state controlled substance laws while simultaneously facing federal charges for violating federal controlled substance laws.

In adult, criminal, cases, the standard of guilt is proof beyond a reasonable doubt. This means that the state has the burden of proving that you committed the crime to a degree that a reasonable person doesn’t doubt the evidence. To get an arrest warrant, the State only needs to provide probable cause. Probable cause is a reasonable belief that a crime has occurred, supported by sufficient admissible evidence and circumstances. For a felony case to be moved to district court, the State must show that it is more likely than not that a crime occurred and that the defendant is the person who committed the crime.