Frequently Asked Questions
Q: Was my arrest proper?
A: This is a very important question that many persons have and should immediately be addressed by your attorney. You must realized that when you are detained, stopped, or arrested, there are certain procedures that MUST be followed. There are certain constitutional protections that all citizens are afforded and a violation of these procedures can result in an improper detention or arrest. For instance, the police cannot stop you without a valid reason and they cannot arrest you without probable cause. Searches also are subject to specific and important procedures and when you OR your property are searched, the police must follow very specific rules and procedures.
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Q: Should I ask for a lawyer immediately?
A: A licensed attorney with experience in criminal law has an understanding and knowledge of the law that can benefit you. Often, it is advantageous to request the presence of an attorney before answering any questions. This will afford you the opportunity to seek legal advice before speaking about situations that could incriminate you. Once you ask for a lawyer, the police cannot continue questioning you until you have had the opportunity to meet with one. This is a constitutionally protected right as an American citizen.
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Q: If I am arrested, what are my rights?
A: Our constitution guarantees that we all have very important legal rights. Rights such as the opportunity to have legal representation is a very important one. You also have the right to a reasonable bond, a speedy trial, a trial by a jury of your peers, and a right to confront a witness and review all the evidence the state has against you. You have a right to enter pleas such as “not guilty” as well. An experienced attorney can help you protect and understand those rights and present effective defenses on your behalf.
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Q: How do I pick an attorney?
A: There are many factors to consider when choosing a criminal defense attorney. The experience of the attorney is very important and the lawyer’s background and training play a role. Attorneys with previous employment as a state prosecutor is often thought to be a great advantage due to the fact that they once prosecuted persons exactly like the ones they now defend. They have the depth of training to allow a better understanding of how the state may now prosecute you, if charged with a crime. This is an important factor in choosing an attorney.
There are also other factors such as comfort and the ability to communicate with your lawyer. You MUST feel that the attorney understands you and will work diligently on your case. You MUST feel comfortable being honest and open with your attorney to allow them to effectively represent you. Only then, can you have the confidence you’ll need to get through this trying time.
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Q: Can an attorney ever guarantee an outcome?
A: NO. What an attorney can do, and should do, is work to the best of their ability to defend your case. If an attorney ever attempts to give you a guarantee as to how your case will turn out, it is probably best to consider seeking the advice of an alternate attorney, as this may just be a way to attempt to gain your business.
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Q: Are all the prices the same between attorneys?
A: As with all professional services, there are different prices depending on which attorney is offering the services. While there are no standard fees, it does turn out that many types of crimes have very similar fees between different attorneys. There are generally accepted fees for various levels of misdemeanors and felonies, depending on the degree of the offense. There will always be some attorneys who are less expensive and others who are more expensive. This is commonly due to many factors, such as experience in the field of law defending crimes with differing frequencies.
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Q: What should I do if I am arrested?
A: The most reliable advice is to seek the advice of an experienced criminal defense attorney as soon as possible. You will have the choice between retaining a private attorney who concentrates and practices in criminal defense, being appointed a governmental employee known as a Public Defender, or representing yourself. An attorney will possess knowledge and understanding of the legal rules and defenses that can best serve you and your chances of defense to a crime.
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Contact our Jacksonville Criminal Defense Attorneys today!
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