had to ask repeatedly for a lawyer when i was arrested; does this affect my case at all?

What should you not do if you’ve been arrested?

Sep 23, 2019 · Some of the things you should do if arrested include: Remain silent. You do not have to answer any questions the police ask you in connection with the arrest. Anything you say can potentially be used against you in court. Be polite and behave respectfully towards the police officer (s). Remain calm.

Do I need a lawyer if I’ve been arrested?

May 25, 2009 · Reveal number. tel: (212) 401-4232. Call. Posted on May 25, 2009. If he was arrested for a matter unrelated to your case and has not been convicted, it might have not have an effect on your situation. However, at the very least the attorney owes you an explanation as to whether his arrest will effect your case or not.

Can I get my case dismissed before it goes to court?

You also need to be prepared to provide the DUI lawyer or their staff with a copy of your police report, bail paperwork, previous offenses, if any, etc. They may ask you multiple questions for each question you ask them. For a free legal consultation, call (310) 928-9347. Ask Questions About Your Lawyer’s Experience.

What happens if you resist arrest if you are innocent?

May 13, 2019 · The first thing you should do immediately after being arrested is to get in touch with an experienced criminal defense lawyer. This step is crucial if you want to protect your rights and fight the charges against you. Some benefits of hiring a lawyer when you’re accused or right after your arrest include: Preserving Evidence: A lawyer can ...

What is the most common complaint against lawyers?

Perhaps the most common kinds of complaints against lawyers involve delay or neglect. This doesn't mean that occasionally you've had to wait for a phone call to be returned. It means there has been a pattern of the lawyer's failing to respond or to take action over a period of months.

How many times can a court case be continued in Virginia?

No set number of continuances are allowed in a court case. Whether continuances are granted and how many are granted rest entirely upon the discretion of the court.Jan 29, 2020

How long can a case be continued in NC?

90 daysNotwithstanding the above rules, no criminal case shall be continued beyond 90 days from the first court date without court approval, and further; DWI cases shall not be continued in violation of N.C.G.S.

Is a continuance a good thing?

If the prosecution makes meaningful changes to the facts contained in the indictment, the defense may be justified in seeking a continuance so that they can prepare for the changed facts. If the change is relatively minor and not relevant to the merits of the case, however, a continuance probably is not warranted.Oct 18, 2021

How do I get a continuance in court in Virginia?

A request for a continuance must be made in person on your court date before the judge. If you are unable to appear on the court date, you may file a request for a continuance, in writing, no less than 2 business days prior to the court date.

How do I reschedule a court date in Virginia?

In the Commonwealth of Virginia, you or your attorney can request a change in your traffic court date via a “motion to continue” (also known as a “continuance”). The traffic court will only change your date to another date on which your officer is scheduled to appear.

How long does a misdemeanor warrant stay active in North Carolina?

A Ramey warrant usually expires after 90 days from the date it was issued.

Is there a statute of limitations in NC?

Most states have different limits for different kinds of crimes, but North Carolina is unique in this regard. North Carolina's criminal statute of limitations is two years for most misdemeanors, and there is no statute of limitations for felonies or crimes classified as "malicious" misdemeanors.Oct 16, 2020

What is a malicious misdemeanor in North Carolina?

Malicious Misdemeanors A misdemeanor that shows malice means that the accused was malicious in carrying out the crime. Many misdemeanor crimes against children must be started within 10 years such as the following: Sexual battery. Indecent liberties between children. Child abuse.Apr 9, 2021

How long can a case be pending?

Civil/criminal pending cases cannot be stayed for more than 6 months; Extension can be granted only by speaking order: SC. Supreme Court: In order to ensure that the civil or criminal proceedings do not remain pending for unduly period at the trial stage, the 3-judge bench of A.K. Goel, Navin Sinha and R.F.Mar 28, 2018

What is exculpatory evidence?

Evidence, such as a statement, tending to excuse, justify, or absolve the alleged fault or guilt of a defendant.

Why do court cases get postponed?

London court cases are being postponed because there aren't any drivers to take suspects to trials. A West London court had to postpone a number of cases due to a 'shortage of drivers' for custody vans.Nov 25, 2021

Why do police want to talk to you?

They want to talk to you because they have some evidence that you committed a crime. It could be a statement from someone who believes they saw you commit a crime. Or it could be a statement by one witness who lied to the police to get you in trouble.

Why don't you talk to the police?

Do not talk to the police. 2. Because they think that if they ask for a lawyer, the police will think they are guilty. This is not true. It is ALWAYS smart to ask for a lawyer. 3. Because they want to tell their story. Don’t tell your story to the police. After you speak to your lawyer, you can talk about how to tell your story.

Why do you need a lawyer when you are questioned?

5 Reasons to Ask for a Lawyer when questioned by Law Enforcement. If you are in the military, the military police (or other law enforcement personnel) have to tell you what crime you are suspected of before they question you. They also have to tell you that you have a right to remain silent. And they have to tell you that anything you say can be ...

What is the UCMJ?

You have these rights under Article 31 of the Uniform Code of Military Justice (UCMJ). While the UCMJ applies to military members, civilians also have similar rights under the 5th Amendment of the U.S. Constitution. [See footnote] Before we go over the 5 reasons, let’s go over some basic things.

Can you crucify a police officer if they don't recall your testimony?

Even if you are innocent and tell the truth and you don’t tell the police anything incriminating, there is still a chance that your answers can be used to crucify you if the police do not recall your testimony with 100% accu racy. Example : “I don’t know who killed John. I’ve never touched a gun in my life.”.

Who is Ferah Ozbek?

Ferah Ozbek is a retired from the United States Air Force where she served as an active duty judge advocate for over 20 years . She continues to practice military law and represents military members and veterans who are facing injustice.

Did the police officer tell you the weapon used was a gun?

At trial, the police officer testifies that he had never told you that the weapon used was a gun. The police wonder why you mentioned a gun. But, you remember the first police officer who brought you in for questioning told you that the crime involved a gun.

Howard Woodley Bailey

Assuming your lawyer has been arrested and is still in custody, I suggest you contact his office immediately to see if he or his office has designated an attorney to act in his place. If the lawyer has been arrested and released, you need to speak with him, as suggested by my collegues who have responded to this question.

Ronald Anthony Sarno

I suggest you call the NJ Client Protection Fund at 609-292-8008 to see if he can still practice law, and if he cannot who has been designated to take his cases.

Jonathan H Levy

If he was arrested for a matter unrelated to your case and has not been convicted, it might have not have an effect on your situation. However, at the very least the attorney owes you an explanation as to whether his arrest will effect your case or not.

What happens if you are arrested for a crime and then had the case dismissed?

If you are in this situation—in other words, you were arrested for a crime and then had the case dismissed—keep reading to make sure you're safe in applying to naturalize, and that you take appropriate steps in disclosing and dealing with the arrest.

Can a crime cause immigration problems?

Certain Crimes Can Cause Immigration Trouble Without a Conviction. For most crimes that make an immigrant either deportable from the U.S. or ineligible for U.S. citizenship, the law requires that the immigrant have actually been convicted (most likely by either having pled guilty or been found guilty in court).

Is it safe to wait a little longer for an arrest?

So if you're close to that point with your arrest, it might be safer to wait a little longer. But USCIS can also look further back in time and decide that older arrests are serious enough to show bad character.

Is it bad to not remember an arrest?

Not remembering an arrest or telling a different story about it, even if you're not trying to mislead USCIS, is almost as bad. It's the USCIS officer's job to be skeptical, and if what you tell the officer doesn't match up with the facts—for whatever reason—you are in danger of having your citizenship denied.

What is the Illinois Supreme Court Rule 415?

Illinois Supreme Court Rule 415 (c) provides that any Discovery material given to your lawyer “shall remain in his exclusive custody and be used only for the purposes of conducting his side of the case.”.

What happens if you fire a lawyer?

If you fire your lawyer and hire someone else, your lawyer must turn over all of the discovery to the prosecutor. Once your new lawyer files his appearance, the prosecutor will turn over the discovery to your new lawyer. James Dimeas is a nationally-recognized, award-winning criminal defense lawyer.

What are the rules of the Supreme Court?

The Supreme Court Rules govern what happens in court and what your lawyer can or cannot do while they are representing you in a criminal case in court. Your lawyer is required to follow all those rules. The prosecutor is required to give your lawyer all of the evidence in your case.

What is the stage of a criminal case where a prosecutor is required to give evidence?

This is called the “Discovery” stage of a criminal case.

How to contact James Dimeas?

You can always speak to James Dimeas personally by calling him at 847-807-7405. Illinois Supreme Court Rule 415 (c).

What are the rules of professional responsibility?

Your lawyers’ conduct is governed by the Rules of Professional Responsibility. Those rules provide for certain ethical responsibilities that lawyers have to their clients and to the Court. The Supreme Court of Illinois has also enacted certain rules which limit what your lawyer can, or cannot do.

What is the role of a lawyer in a case?

Your lawyer is allowed to ensure that you are aware of the evidence in your case and allow you to assist your them in defending you in your case. This can be accomplished by allowing your lawyer to read the discovery to you and allowing you to read the police reports in your lawyer’s presence.

What happens if the prosecutor decides to proceed with the case despite insufficient evidence?

If the prosecutor decides to proceed with the case despite insufficient evidence, your attorney can file a motion with the judge to have the case dismissed based on insufficient evidence. Fourth Amendment violations – as a US citizen, you’re protected against unlawful searches and seizures by the Fourth Amendment.

What happens when a case is involuntarily dismissed?

When a case is involuntarily dismissed, the judge chooses to dismiss the case against the wishes of the prosecution. This usually takes place when the defense files a motion to dismiss based on a legal reason, such as lack of evidence.

What does it mean when a case is dismissed with prejudice?

When a case is dismissed with prejudice, it’s closed for good. Neither party can reopen the case at a later date, and the matter is considered permanently resolved. On the other hand, dismissing a case without prejudice leaves ...

What happens if there isn't enough evidence to file a case?

Insufficient evidence – in some cases your attorney may be able to convince the prosecutor that there isn’t enough evidence to build a solid case, leading to the prosecutor dropping charges before filing. In other cases, your attorney may be able to present compelling evidence that contradicts the police report.

What happens if you breach protocol?

Breach of protocol – prosecutors and law enforcement officials are bound by strict protocol during an arrest, booking, interrogation, bail hearing, or pretrial activities. When your rights are violated due to a breach of protocol, this may serve as grounds to dismiss the case against you. Inadmissible testimony – the most popular example ...

What happens if your district attorney's plate is full?

If their plate is full, your attorney may be able to negotiate a deal to have your charges dropped or reduced to avoid the hassle of going to trial.

What happens if a jury fails to deliver a unanimous verdict?

When a jury fails to deliver an unanimous verdict, the defense may file a motion to declare a mistrial. The judge may ask the jury to take additional time to deliberate and attempt to reach a verdict, but if it becomes clear that an unanimous verdict is out of the question, the judge will declare a mistrial.