FAQ
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Criminal Defense FAQ
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If the officer failed to read me my Miranda Rights will my case be dropped?Many people are not correctly informed about what the Miranda warnings actually are because of legal television shows. Law enforcement officials should read you your Miranda rights at the time of your arrest. However, if they do not, that does not mean that you will escape punishment. The reason that they must read you your rights is so that they can use whatever statements you make during questioning as evidence in your case. If they fail to read the Miranda warnings to you as you were taken into custody, then anything you say cannot be used by the prosecutor as evidence against you at trial. However, Miranda warnings are only given once you are arrested. If you are not under arrest when the police questioned you, then the Miranda warnings are not required.
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Will the judge consider giving me alternative sentencing?A judge may consider alternative sentencing with underage alcohol offenses such as underage possession of alcohol or use of a fake ID, which would include community service and a voluntary contribution. There are alternative programs which you may qualify for such as the Veterans Diversion Program, Adult Diversion Program and Adult Drug Court. These alternative programs are typically available for first time offenders who are charged with drug crimes or other non-violent offenses.
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Will a criminal conviction stay on my record permanently?It depends on the nature of the charge and your overall criminal record. If you do plead guilty to a charge, it will remain on your record for a certain period of time. You may be eligible to have the charge removed from your record in the future. You may be eligible to have matters removed from your criminal record through sealing or expungement. Speak to a criminal defense lawyer today to see how the expungement process works.
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If they have convincing evidence against me, should I simply plead guilty?Definitely not. By pleading guilty to a crime without the benefit of legal advice or counsel, you are throwing away your legal rights. Whether you are facing a misdemeanor or felony crime, you should have an experienced attorney fighting on your side so that you can work to attain a reduction or full dismissal of your charges. With a solid defense strategy, you may be able to resolve the case through community service or probation without having to serving jail time.
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If I cooperate and answer police questions during custody, will they be more inclined to release me?Attorney Humphrey encourages his clients to exercise their right to remain silent. It is your right to remain silent and to obtain an attorney before answering any questions. One thing that not very many people know is that law enforcement officials are allowed to lie to you during questioning. If you are in custody, they can tell you just about anything if they think that it will encourage you to confess to the crime. That is why it is wise to not answer any questions, so that you can avoid making any incriminating statements that can be used against you.
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