Of course, if you or your lawyer receive a letter like this, it means you've been charged. It also means that you've been extended the courtesy of not being dragged out of your home first thing in the morning. Sadly, this courtesy is less frequently extended than it ought to be. Though sometimes whether you've been charged is less clear.
Full Answer
As soon as you are arrested, you need to start requesting the ability to contact an attorney. If you have to call from jail, you should be given the opportunity to do so. If you are out on your own recognizance or you have posted bail, set up meetings and contact possible attorneys as soon as possible.
Before you agree to pay a lawyer an hourly rate, get a written estimate of the number of hours it will take to complete your case, so you have an idea of your total costs. If you pay a flat or “fixed” fee, you pay the lawyer a set dollar amount for a service, like writing a will.
If you are charged with a crime, including domestic violence, tax fraud, or even some motor vehicle offenses (such as driving under the influence, vehicular homicide, or so many unpaid parking tickets that an arrest warrant has been issued), hire an attorney. If you stand to lose a great deal of money in a lawsuit, find a lawyer.
An attorney search can be made by asking friends for a referral, consulting print or online directories, or contacting your local or state bar association. You can also ask a lawyer to give you advice on an hourly basis, without providing full representation. Legal services generally do not come cheap.
Figure out if you need a criminal defense lawyer. If you have been arrested for allegedly committing a crime, you need to contact an attorney as soon as possible. Whether you were arrested for a minor criminal violation (e.g., state law possession of marijuana) or a serious felony (e.g., federal terrorism charges), a lawyer will help you negotiate with prosecutors, represent you in court, and ensure you receive a fair trial. Even if you do not end up hiring an attorney to represent you, they can still help you understand the charges against you.
A qualified criminal defense attorney will help you arrange bail, advise you about your case, and start building your defense. Generally, if you face the possibility of time in jail for your conviction, then you have the right to an attorney.
If you can’t reach anyone on the first call, ask the guard if you can make another call. Generally, they will let you make as many calls as you need to arrange an attorney so long as you have been behaving yourself after getting arrested. Each jail has a different policy.
You can usually get a public defender if your income is low enough. After you are arrested, you will probably be taken before a judge within 24 hours for a “first appearance.”. At that time, the judge will ask if you can afford an attorney or if you want a public defender.
To determine whether you are being charged with a state or federal crime, ask for clarification. Additionally, if you have paperwork with information about your charges on it, look at that. If the legal citation is to the United States Code (e.g., U.S.C.), you are being charged with a federal crime.
Wait to be booked. The police will let you make a phone call after you are arrested. However, you typically have to wait until you have been “booked” before you get your call. As part of the booking process, you will have to do the following:
In some larger cities, there are pro bono organizations which send volunteer attorneys to see you in jail. They will not be your attorney throughout the entire case. However, they can give you advice and help arrange bail. They may also be able to help you find a more permanent criminal defense attorney.
If you suspect you may have been charged even though you haven’t been arrested or received any summons, you can always contact your local police department for information. By asking the department to conduct a warrant check, you can uncover any criminal charges that have been filed against you.
Of course, the easiest way to tell that criminal charges have been filed against you is if police officers or detectives appear to arrest you in person. If you are formally arrested, you may be placed in handcuffs, taken to your local police station, and questioned.
You have been arrested. When you are arrested and taken to a police station, you will know for certain that you are facing criminal charges. An attorney can explain the charges that have been filed against you and help you understand what to expect.
At The Law Offices of Gerald J. Noonan, our lawyers have more than 30 years of experience helping Massachusetts clients who are facing criminal charges. We represent people from all backgrounds who have been charged with misdemeanors, felonies, and even federal crimes.
Finding the Right Kind of Lawyer 1 Ask family, friends, or co-workers for recommendations. 2 Check with your state and local bar associations. 3 Consult lawyer referral services offered by a union or community group you belong to.
If you think your lawyer didn't treat you fairly, didn’t handle your case effectively, or overcharged you, talk with him or her and try to work out an agreement. Depending on the circumstances, you may be free to fire your lawyer, or you may need a judge’s permission.
In a contingency fee arrangement, the lawyer takes on the risk that your case might be unsuccessful. If you don’t get any money, your lawyer won’t get attorney’s fees. In some contingency fee arrangements, you might have to reimburse the lawyer for case-related expenses even if you don’t win your case.
If you pay a flat or “fixed” fee, you pay the lawyer a set dollar amount for a service, like writing a will. Many lawyers charge a flat fee for uncomplicated services like drafting incorporation papers, handling an uncontested divorce, or filing a simple bankruptcy.
Many lawyers specialize in certain areas of law, such as family, estate, personal injury, contracts, or civil rights. It’s important to find a lawyer who has relevant experience with the legal area that you need. Take time to search for the right lawyer.
An experienced lawyer may charge a higher hourly rate than a beginner, but they may take fewer hours to do the job. Before you agree to pay a lawyer an hourly rate, get a written estimate of the number of hours it will take to complete your case, so you have an idea of your total costs.
For example, many states don’t allow contingency fee arrangements in criminal cases. You can negotiate the size of the contingency fee. The size of the contingency fee should be based on how much work the lawyer will do.
Especially if there is a sizeable estate, tax issues, or a complicated or extensive distribution plan, it is important to find a lawyer to be sure things are done right. You Are Adopting A Child. Adopting a child is an important matter, and an attorney will assure things are done right. A Contract Is Needed. It is essential that you understand the ...
If you are charged with a crime, including domestic violence, tax fraud, or even some motor vehicle offenses (such as driving under the influence, vehicular homicide, or so many unpaid parking tickets that an arrest warrant has been issued), hire an attorney. You Could Lose A Lot of Money.
If you don’t understand the terms, or how to prepare a contract, consult a lawyer. If you need a complex business organization (multiple entities), have complex tax matters, need to file for a patent, or become involved in litigation, hire a lawyer.
These include: Parking Tickets And Minor Traffic Violations. Most people who go to traffic court for these minor infractions do not hire a lawyer. Relatively Simple Divorce.
Things clients want to pursue as “a matter of principle” are rarely worth pursuing in court. This includes problems like someone demeaning you (slander and libel), causing you “emotional distress,” and minor disputes between neighbors. You won’t be able to prove any monetary damages.
In some states, even if you are in agreement , or close to agreement, you can both hire one lawyer to assist you in getting through the legal process. You Need To Administer The Estate Of Someone Who Died.
You may have automobile or homeowners insurance, but it is still advisable to consult a lawyer. If you or a family member have been injured, and it appears you have a good claim, most personal injury lawyers will not charge you any fee, but will take payment from the judgment they obtain.
If you are actually being charged with a crime, one of the following will occur: 1. A police officer or detective will show up, put handcuffs on you and arrest you. He/she may give you a chance to make a statement first…as discussed in many of my blogs, you probably do not want to take that opportunity; 2.
If there is, the court will make sure you are represented for that hearing. Upon being arraigned, the criminal charges will be on your record. You need to show up or the court will issue a warrant for your arrest.; or. 3. You receive a summons which tells you that you are to appear for a Clerk Magistrate’s Hearing.
The hearing is before a Clerk Magistrate. If the Clerk finds that there is “Probable Cause” to issue the complaint, you will end up at an Arraignment (See #2, above). If not, the matter is disposed of and does not go on your record. You’ve dodged the criminal justice bullet.
You receive a summons which tells you that you are to appear for a Clerk Magistrate’s Hearing. This means that there will be a hearing to determine whether a criminal complaint should issue against you. The hearing is before a Clerk Magistrate.
An experienced criminal defense attorney can help you at the hearing itself as well as prepare for the hearing. If there is nothing to do, any decent attorney will tell you that. However, I find that there is usually much that can be done during the investigatory stage of a criminal investigation.
They will generally use the opportunity to improve the case that they are already building against you. Toward that end, the law says that they may mislead and outright lie to you to trick you into making some kind of statement they can use against you. You may or may not know what they are after or what they suspect.
Many people assume that law enforcement has some kind of duty to notify a suspect before they seek criminal charges against them. This is not true. In fact, to the contrary, the police often try to catch a suspect by surprise when arresting him or her so that the suspect does not flee.