Criminal Defense FAQ’s
What are my rights if I’m arrested?
You have the right not to incriminate yourself and to remain silent. You are not required under any circumstances to make a statement to police
You have the right to refuse consent to search your residence or other property unless the officer has a search warrant.
You have the right to an attorney.
When can the police conduct a search of my property?
A police search requires a warrant issued by a judge or magistrate unless there is a recognized exception to the warrant requirement. Your personal consent to a search is the most common exception to the warrant requirement
When do the police have to read me my rights:
The police are never required to read your rights unless they are conducting a custodial interrogation. If you are under arrest the police will read you “Miranda Warnings” and advise you that you have a right to an attorney and to remain silent.
What happens if the police don’t read me my rights?
If you have not been advised of your Miranda warnings and you have confessed or admitted to a crime the statement made by you may be inadmissible as evidence.
When do I have the right to a trial by jury?
Any crime that may be punished by imprisonment for more than six months automatically triggers the right to a trial by jury, no matter what the offense is.
Personal Injury FAQ:
Do I need an attorney or should I try to handle my claim on my own?
In many cases involving serious injury an attorney can obtain a better settlement for an individual client than the client can achieve on his or her own.
The insurance company wants to send someone to my house to write me a check and settle my case. Should I accept the money?
A quick settlement is often a poor settlement. If you have significant injuries with long term consequences you should at least consult an attorney before accepting a settlement from the insurance company. The insurance company wants me to give them a recorded statement. Should I do that?
You do not need to provide a recorded statement. If you are considering hiring an attorney then you should consult with him or her prior to a statement being taken. What is my case worth?
The value of a given case depends upon factors too numerous to mention. In general it can depend upon the nature of the injury, future expenses for medical treatment, disability, wage losses and other factors.
Call our office today for a free initial consultation- (402) 474-3884