once you lawyer up, what to expect from the da and cops

Do I need a lawyer to be interviewed by the police?

Nov 27, 2013 · “You should never be required to go through your chain of command to contact the attorney.” 2.) Communication. You should be kept informed about the status of your case, its strengths and weaknesses, and all related events coming up. “You also should be clear about the strategy for handling the lawsuit,” LoRusso says. 3.) Advice.

Do police officers have to tell you why they’re questioning you?

Jan 04, 2022 · What You Should Expect From Your Lawyer. Lawyer communication, competency, ethics, and fees are important aspects of the attorney-client relationship. As a summary, you can expect your lawyer to do the following: Give you advice about your legal situation; Stay in contact and keep you informed about your case

What should I expect from my lawyer?

You will probably be moved several times while you await arraignment, and can expect to spend 8 to 12 hours in the courthouse before you see your lawyer, and then the judge. You will be offered food during this waiting period: cereal and milk for breakfast, and sandwiches and a fruit punch for lunch and dinner. Sandwiches are made with cheese or processed Halal lunch meat. You …

What happens if you make an allegation against a police officer?

Aug 28, 2002 · 08-28-2002, 02:31 PM. I've met more than a few lawyers who've become cops but I've met far more cops who've become lawyers. In the latter case they often leave police work to practice law. The fact that you've already practiced law before deciding to become a cop is unusual. Others I've encountered obtained their JDs but never actually worked ...

What are the seven steps of a criminal case?

Investigation.Charging.Initial Hearing/Arraignment.Discovery.Plea Bargaining.Preliminary Hearing.Pre-Trial Motions.Trial.More items...

Why do prosecutors sometimes choose not to prosecute criminal cases?

Prosecutors may decline to press charges because they think it unlikely that a conviction will result. No matter what the prosecutor's personal feelings about the case, the prosecutor needs legally admissible evidence sufficient to prove the defendant's guilt beyond a reasonable doubt.

What does DA mean for lawyers?

A district attorney is a public official who is appointed or elected to represent the state in criminal judicial proceedings in a particular judicial district or county; an appointed or elected officer who prosecutes cases in a particular judicial district.

How long does DA have to file charges in California?

Because defendants have a right to a speedy trial, the prosecutor must generally file charges within 48 hours of the arrest when the defendant is in custody (in jail). Weekends, court holidays, and mandatory court closure days do not count against the 48 hours.

How do you get a prosecutor to drop charges?

There are several ways for criminal defendants to convince a prosecutor to drop their charges. They can present exculpatory evidence, complete a pretrial diversion program, agree to testify against another defendant, take a plea deal, or show that their rights were violated by the police.Jul 14, 2021

How can charges be dropped before court date?

There are ways to have charges against an accused or defendant dropped even before the trial date. The typical action is to file a motion to dismiss. The defendant's lawyer can invoke various reasons for a motion to dismiss.Feb 2, 2022

Is a district attorney a lawyer?

The D.A. or District Attorney is a lawyer in the U.S. who works for the state and prosecutes people on behalf of it. There are also, of course, defense attorneys in America who act on behalf of their clients.

What is the power of district attorney?

A DA has the power to investigate allegations of law enforcement misconduct and ultimately bring charges. A DA also has the power to ask a special prosecutor or another agency to investigate law enforcement misconduct.

Do district attorneys investigate crimes?

The District Attorney's Office prosecutes crimes against state laws and local ordinances and is staffed by attorneys who present the state's evidence to a judge or jury for a determination of guilt or innocence.

How long does it take for a district attorney to file charges in California?

one yearFor most misdemeanor crimes, the prosecution must file charges within one year from the date the offense was allegedly committed. If the crime is a felony, the prosecution generally has three years to file charges from the date the offense was allegedly committed.

How long do police investigations take?

In a routine or less serious case you should expect to hear form the police within 2 to 3 months but in more complicated cases where the police need to obtain statements, forensic evidence, CCTV or expert reports to prosecute you then this could take several months.

How long does the DA have to file charges in California misdemeanor?

within one yearThis means a prosecutor must file charges of a misdemeanor within one year of the offense. If no charges are brought during this one-year time period, a prosecutor loses the right to file them in the future. There are exceptions, though, to the general one-year limitations rule.Mar 24, 2022

What happens if you are arrested?

If you are arrested, you will be handcuffed, and except in unusual circumstances, you will first be taken to the Precinct#N#Precinct#N#A district of a city or town defined for police purposes. May also refer to a police station.#N#in which the arrest occurred for initial processing. At the precinct, a police officer will interview you and ask for “pedigree” information, including your name, address, date of birth, Social Security#N#Social Security#N#A federal program that provides income, health insurance, and other benefits.#N#number, etc. Once you have been fingerprinted you will be taken to Central Booking#N#Central Booking#N#A facility that offers temporary stay to offenders prior to their arraignment#N#and processed for arraignment, which is an appearance before a judge.

How long does it take to be arraigned in New York?

Thanks to successful litigation by The Legal Aid Society, people arrested in New York must be arraigned within 24 hours unless the police can provide a reasonable explanation for the delay. And because of our continuing and persistent vigilance, you can anticipate being arraigned within 18 to 24 hours.

Can you be arrested at home?

If you know in advance that you might be arrested (for example, you are planning to engage in civil disobedience during a demonstration, or voluntarily appear at a precinct at the request of the police), or are arrested at your home, you can prepare for arrest. Leave most personal property at home, but do take two forms of identification with you.

What do police officers take in custody?

At the precinct, a police officer will search you and take personal property, such as house keys, backpacks, purses, medication, large sums of money, or valuable jewelry, as well as any unlawful items you happen to have in your possession ( Contraband#N#Contraband#N#Any property that it is illegal to produce or possess.#N#). Items other than contraband are held for safekeeping while you are in custody. You will be given a “Voucher” form listing your property, so that you can retrieve it later. However, if an officer is processing a large number of arrests at one time, your Voucher form is not ready before you are taken to a cell or another location. If this happens, ask the officer for the “Voucher number” that will be used for your property, and also write down the officer’s name and shield number. Having this information will make it easier for you to retrieve your property once you are released.

Can you go to jail if you have a warrant?

If there is a warrant, you may have to spend additional time in jail before arraignment while the court locates the paperwork. If the warrant is from a county other than the one in which you are arrested, you may have to remain in jail after the arraignment and be transferred to that county. It is possible, but highly unlikely, ...

What is an order of protection?

An order of protection is issued by the court to limit the behavior of someone who harms or threatens to harm another person. If one was issued, make absolutely no contact with the person named in the order.

Do you need to take medication for diabetes?

Some people need to take prescription medications for serious medical conditions, such as diabetes, asthma, HIV, epilepsy or hypertension. If you are on a regular medication schedule, you may need to take your medication at certain times of the day. Other people, such as those with conditions such as asthma or angina, ...

How do attorneys set their fees?

Attorneys set their fees based on a number of factors, including the amount of work the attorney will need to do for your case and the complexity of the case. Some factors that determine the amount of the fees are: 1 The billing rates for each level of professional working for your business, based on each person's experience, specialty area, and their level (partner, associate, paralegal, for example) 2 Novelty and complexity of the issues 3 The difficulty of problems encountered 4 The extent of the responsibility involved 5 The result achieved, and 6 The efficiency of the work, and customary fees for similar legal services. 1 

What is contingency fee?

Contingency fees. In this case, the lawyer gets a percentage of what you receive if the case is decided in your favor. If you lose the case, your attorney gets nothing, but they may still charge for their costs. Contingency fee percentages are negotiable. Flat fee.

What is retainer in legal?

A retainer is paid in advance, for legal services that will be rendered. When you talk to an attorney about a retainer you may discuss one of three different types: General retainers are fees for a specific period of time, not a specific project.

Do lawyers put their fees in writing?

An attorney should give you a description of their fees, preferably in writing, and some states require that lawyers put their fees in writing before taking a case. You should also see details of fees for services like copying documents, court filing fees, or research costs.

What is retaining fee?

A retaining fee is a deposit or lump-sum you pay in advance. The attorney must (by law) deposit that money in a trust account to draw from as work is done. If there is money left in the trust account at the end of the project, you get that back.

What are the rules of professional conduct?

State ethics rules and state bar associations have rules of professional conduct, including rules for disputes and for making sure attorneys charge reasonable fees. Check with your state's bar association for more information.

What happens if you don't pay your attorney?

What happens if you don't pay? The attorney might charge you a service fee or interest on the overdue balance or take out a lien on your documents or other property the attorney has. In other words, you won't get your stuff back until you pay the attorney's bill in full. The agreement with your attorney should spell out the attorney's right to charge you for non-payment.

What is the difference between an interview and an interrogation?

The goal of an interview is to obtain information . By contrast, an interrogation is an accusatory process, whose goal is eliciting a confession. Unless you’ve been arrested already, a police officer has no reason to tell you what sort of conversation you’re having, but you can assume you’re being interrogated if the conversation isn’t so much a series of questions and answers as a monologue by the police officer.

Can police officers lie to you?

Police officers can lie to you about having evidence against you. They can even lie to you about why they’re questioning you. In fact, lying in order to solve a crime is an integral part of police training and procedure. On the other hand, here are the things you should never say to a police officer.

What is the job of a police officer?

The job of a police officer is to enforce the law —not to be your friend. However, police officers are trained to use friendliness to elicit information. By engaging you in friendly chit-chat, a police officer can ascertain information not only about you but also about your community.

Can you get DNA without a warrant?

The police can’t make you submit to a DNA test without a warrant. But that doesn’t mean they can’t offer you a glass of water while you’re sitting in a hot, stuffy investigation room and then obtain your DNA from the cup you drank from after you toss it in the trash.

What to do if police show up without a warrant?

If the police show up at your door without a warrant (either search or arrest), you don’ t have to invite them in. You don’t even have to talk to them, and you can ask them to leave. In fact, criminal lawyers advise that you don’t speak to them and ask them to leave.

Do innocent people go to jail?

Innocent people do go to prison, and so, it’s wise to consult a lawyer when you get pulled into an investigation.

Who is Lauren Cahn?

Lauren Cahn is a New York-based writer whose work has appeared regularly on Reader's Digest, The Huffington Post, and a variety of other publications since 2008. She covers life and style, popular culture, law, religion, health, fitness, yoga, entertaining and entertainment.

What happens when a detainee invokes the right to counsel for only a limited purpose?

If a detainee invokes the right to counsel for only a limited purpose, the police may interrogate "around" that purpose. For example, suppose that, after being Mirandized, Becky doesn't claim her Miranda rights and answers questions. The interrogating officer asks her to sign a written statement, but she says that she wants counsel to read it over first.

Is the internet secure?

The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties. Once someone detained by the police invokes Miranda by expressing a desire to remain silent, have counsel present, or both, the police must stop interrogation.

Can Miranda be admissible?

A defendant's statements after asserting Miranda may also be admissible if he or she initiates the conversation. But that's only if the police give a fresh set Miranda of warnings once the discussion picks up. For example, assume officers take John into custody and give him the Miranda warnings.

Can you invoke Miranda rights after being a detainee?

There's no time limit for invoking Miranda rights. After receiving the warnings, a detainee may invoke the rights immediately or after answering some questions. Whenever that invocation occurs, the police must stop investigative questioning. But any statements preceding assertion of Miranda rights are likely to be admissible.

What happens to a suspect's right to counsel?

A suspect's assertion of the right to counsel ceases to apply if there is a break in incarceration. The assertion of the right doesn't carry over to the next detention. For example, assume Glen invokes his right to counsel and is released from custody.