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Criminal Law Questions

Answers to common questions about the criminal justice process.

The criminal justice process raises many questions for anyone who is arrested or under investigation. The answers below address some of the questions we are asked most often.

What Are My Rights When Arrested?

When you are arrested, you generally have:

The right to be told what you have been charged with;
The right to talk to an attorney; and
The right to remain silent.

What Is the Difference Between a Misdemeanor and a Felony?

Generally, a felony is more serious. A felony means the potential punishment is a prison sentence of a year or longer. With a misdemeanor, the maximum jail time is one year.

Should You Have a Lawyer When Questioned?

If you are being questioned about your possible involvement in criminal activity, it is almost always best to have a lawyer present.

Should You Remain Silent?

If the police are questioning you as a potential suspect, you usually should assert your right to remain silent. What you communicate to law enforcement can potentially be mischaracterized and used against you in proceedings.

What Is Bail?

Bail is money or property deposited with the court to ensure you show back up in court at the required time. It may take one of the following forms:

Cash or check;
Property worth the total amount; or
A bail bond.

If you do not show up, the court keeps the bail and issues a warrant for your arrest.

How Is Bail Set?

Judges are responsible for setting bail, and the amount should not exceed what is reasonably necessary. In certain cases, such as those involving violent crimes, it is not unusual for bail to be set very high or not allowed. If the judge believes you are not a flight risk or a danger to the public, you may be released without bail.

What Is a Preliminary Hearing?

At the preliminary hearing, the prosecutor must show that there is enough evidence of the crime to warrant a trial. If insufficient evidence exists, the case may be dismissed.

What Is a Grand Jury?

In felony cases, prosecutors may present evidence to a grand jury to decide whether an indictment should be returned. Grand jury proceedings are secret.

What Is an Arraignment?

Your first appearance in court is often at an arraignment, and you have a right to be arraigned without unnecessary delay. The court will inform you of the charges, you will enter a plea, bail may be adjusted, and an initial trial date may be established.

How Are Attorney Fees Paid?

We provide our legal services in criminal cases either in return for a nonrefundable flat fee or by billing hourly against an agreed retainer. A flat fee arrangement caps your total cost.

What Is Sentencing?

Sentencing is the procedure where the punishment is decided and imposed. Sentencing occurs after a guilty plea or conviction.

What Is a White-Collar Crime?

The phrase white-collar crime refers to a crime committed by a business person, professional, or public official that involves allegations of dishonesty and deception for one’s financial benefit.

What Are Federal Sentencing Guidelines?

The Federal Sentencing Guidelines provide a recommended range of incarceration time. They employ a complex formula considering various factors and are advisory rather than mandatory. Courts may order departures based on the specifics of a case.