CRIMINAL LAW QUESTIONS
What are rights my rights when arrested?
- The right to be told what you have been charged with.
- The right to talk to an attorney.
- The right to remain silent.
The difference between a misdemeanor and a felony?
Generally, a felony is more serious than a misdemeanor. A felony means that 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. Many times talking to the police increases the chance that you will be charged and convicted. If you do decide to talk, what you say may be twisted around and used against you.
What is bail?
Bail is money or property that is deposited with the court to make sure that you show back up in court at the required time. Bail is usually made in one of the following forms: (1) cash or check; (2) property worth the full amount; or (3) by obtaining 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. The amount of the bail should not exceed what is reasonably necessary. In certain cases (like those involving violent crimes) it is not unusual for bail to be set very high or not allowed at all. If the judge believes that you are not a flight risk or a danger to the public, you may be released without bail.
What is a preliminary hearing?
If the prosecutor decides to bring charges, you are entitled to a preliminary hearing. At the preliminary hearing, the prosecutor must show that there is enough evidence of the crime to warrant a trial. If the judge finds that there is not enough evidence to support the charges, then the case is dismissed.
What is a grand jury?
In felony cases, prosecutors may present evidence to a grand jury who will 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. You have a right to be arraigned without unnecessary delay. At the arraignment the court will tell you what the charges are. You will enter a plea of guilty or not guilty. Bail can be raised or lowered. An initial trial date may also be set.
How are attorney fees paid?
We provide our legal services in criminal cases either (1) in return for a nonrefundable flat fee; or (2) by billing hourly against an agreed retainer. With a flat fee, once the amount is agreed, that is all you will have to pay.
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 which involves allegations of dishonesty and deception for one’s personal financial benefit.
What are Federal Sentencing Guidelines?
The Federal Sentencing Guidelines provide a recommended range of incarceration time. They involve a complex formula that takes into consideration various factors. The Sentencing Guidelines are advisory, not mandatory. The court may find that your particular case requires an upward or downward departure from what is provided for by the guidelines.
We provide represent people charged with state and federal crimes throughout the State of Mississippi.
Contact us online. or call us at 601-957-3101. We welcome the opportunity to meet with you to discuss your specific case.