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Welcome

FAQ’s

1. What do I do if I get arrested?

If a police officer has what he/she determines is Probable Cause, he/she can make an arrest. You should not argue with he police officer or try to resist, since that can lead to additional charges. Your guilt or innocence will not be determined by law enforcement. If they feel there is probabale cause, you will be arrested.

2. Is it possible to not get arrested if it is determined that there is Probabale Cause?

The answer is that for some less serious crimes you can be given a “Notice to Appear”, which will allow you to avoid being taken into custody.

3. Will I be able to “bond out” of jail?

If you are charged with a less serious crime a standard bond will automatically be set , based upon the degree of your crime. If you are charged with a more serious crime a bond may not be set and you will have to file a motion with the Court.

4. What if I can not bond out?

If you are unable to bond out, then you will see a Judge, usually within 24 hours of your arrest. At that time you will be told the charge(s) against you and the Judge will determine if there is in fact probable cause to keep you in custody.

5. Should I give a statement to the police?

Everyone has the absolute right to remain silent. It is always my advice not to give a statement to the police. Whatever you say will be able to be used against you. Even if you think you may be helping yourself, you should exercise your right to remain silent. Sometimes the police will try and convince you it is to your benefit to “confess” since the prosecution will take it into account when filing the case. Only the prosecutor can negotiate a plea and not the police.

6. What if the police didn’t red me my rights (Miranda Warnings)?

Unfortunately television has placed too much importance on the Miranda Warnings. The reality is that unless there is a custodial interrogation taking place (questioning by the police in a non voluntary situation), Miranda Warnings are not required. As I previously stated, always exercise your right to remain silent.