You should invoke your rights to remain silent and to an attorney. First, you should ask to speak to an attorney, and continue asking to speak to an attorney until you have one to represent you. While, under most circumstances, you need to inform the FBI, DEA, IRS or police investigators of your identifying information, you should not, under any circumstances, discuss the circumstances of why you were arrested. If you would like further information on what to do if you are arrested, contact us.

You should contact an attorney. You have many rights upon receiving a subpoena. A properly trained and experienced attorney can advise you of these rights. You may, or may not, need to comply with the subpoena. If you need to comply with the subpoena, an attorney can properly advise you of how, and when, you must comply. If you have received a subpoena and would like further information, contact us.

Always. You never need to answer questions presented to you if you are questioned by government investigators, whether FBI, DEA, IRS, or the state or local police. Under certain circumstances, after a judge has ordered you to testify, you may be compelled to testify. However, these circumstances are carefully circumscribed and you should have already obtained the assistance of counsel. If you have further questions about your Fifth and Fourteenth Amendment rights to remain silent, contact us.

People are not prosecuted because they are guilty. People are prosecuted because government investigators and prosecutors believe they have evidence consistent with the suspect’s guilt. Prosecutors and investigators may suspect you have done something wrong, when you haven’t. They may also have evidence consistent with your having done something wrong, when you haven’t. Even if you are innocent, you should not speak to the authorities

Under most circumstances, yes. However, there is normally a very limited time in which you can file a notice of appeal, which is how you notify the court in which you were convicted that you are appealing to the court that will review your conviction. You should immediately file a notice of appeal with the court in which you were convicted. If you are interested in speaking to a lawyer about your appeal, contact us.

A grand jury is a group of citizens, usually 23, who sit and hear testimony and receive other evidence to determine if there is sufficient evidence to charge someone with a crime. If 12 or more grand jurors decide that there is enough evidence, based upon the applicable standard of proof, they vote to charge the defendant. The accusation is called an indictment. If you have been indicted, contact us.

An indictment is an accusation. Being indicted does not mean that you are guilty. It only means that you have been accused of a crime, or more than one crime. If you have been indicted, the usually at least one of the crimes of which you have been accused is a felony. If you have been indicted, contact us.

In most jurisdictions, a felony is any crime where the maximum potential penalty that a defendant may face either exceeds one year in jail or is death.

In most jurisdictions, a misdemeanor is a crime where the maximum potential penalty the defendant may face does not exceed one year and is not death.

That depends on a number of factors. In many jurisdictions, for less serious charges you may be released after the police process you under the condition that you return to court on some date in the future for your arraignment. You may, however, be held in jail until your arraignment. If you are, you should see a judge within 24 to 48 hours after your arrest. At your arraignment, the judge will make a determination whether to set bail in your case, to hold you without bail, or to release you without requiring bail. If the judge does release you, he or she may release you under certain conditions designed to assure the judge that you will obey the law and return to court when scheduled to do so. If you are interested in learning how to minimize the chances that you will be held in jail during your case, contact us.

An arraignment is when a criminal defendant is first brought before a judge. During the arraignment, the defendant is informed of the charges he or she faces. In addition, a determination is normally made regarding whether bail will be set, and if so, under what conditions. If you or someone you know has been arrested and you have questions about the arraignment process, contact us.

Your attorney will have the opportunity to file motions, which are requests of the judge to make certain rulings. Your attorney can object to certain evidence, can ask for pretrial hearings, can move to dismiss the case, can move to have your case severed from your codefendants’ cases, as well as other motions that are applicable to your individual circumstances. If you have questions about pretrial procedures, contact us.

Immediately. An experienced criminal defense lawyer can guide you through the process, explain the risks involved with various legal approaches, can contact the investigators or prosecutor to learn the nature and focus of the investigation. In addition, if you are contacted by an investigator, you can, and should, refer the investigator to your attorney, and therefore eliminate the chance that you will say or do something that might prejudice your legal rights. If you are concerned about a potential or ongoing criminal investigation and would like to speak to a lawyer, contact us.

Yes. In fact, if you face the possibility of a sentence that either exceeds six months in jail or death, you have the right to a jury trial. At a trial, the government has to present evidence in order to prove you guilty beyond a reasonable doubt. In addition, your attorney has the opportunity to cross examine the government’s witnesses, bring in witnesses and obtain other evidence on your behalf, and make opening and closing statements arguing for your innocence. If you have any questions about an upcoming trial, contact us.