when stack charging can the cops still call me when i have a lawyer?

Can the police tell you what charges you will be charged with?

Yes, the police can tell you (although they are not obligated to tell you) charges when you are first arrested, and then you can be charged formally with other charges. In some counties (like Philadelphia), it is the District Attorney who initially chooses what charges an arrestee will face.

How do prosecutors “stack” charges?

The prosecutor will “stack” charges to build such a scary potential sentence, that even actually innocent people will be intimidated into pleading guilty, rather than face what’s called the “ trial penalty ” – that very scary long sentence if they should somehow be convicted at trial.

Do I need a lawyer if I’m being investigated by police?

Most people look to hire a lawyer after they have been arrested and charged with a crime. But if you are being investigated for a crime, having a lawyer can sometimes prevent you from ever being charged with a crime at all. This can happen in situations where police are conducting an investigation into a possible crime.

What to do if the police call you without a lawyer?

If they call you, don’t call them back. If you accidentally pick up the phone or answer the door, and the police are there just say firmly and calmly, “I Do Not Wish To Speak To You Without My Lawyer Present.” End of conversation. Hang up or close the door.

What Should I Do If The Police Want to Talk to Me?

I recommend that you should not speak to the police on any criminal investigation all without an attorney.Remember, you are never obligated to talk...

How Do I Stop The Police from Calling Me?

The easiest thing to do is get a lawyer to intermediate and head them off. Let me talk to them for you.If you get a phone message from a police off...

Can You Really Prevent A Criminal Charge?

Not in every case, but absolutely, it often works out that way. If the police simply don’t get enough evidence, then they can’t charge anyone. The...

What is the stacking of charges in Arizona?

Arizona voters are likely to see a measure on the ballots in November that would address prosecutorial “stacking” of charges and mandate other sentencing reforms. In Arizona, repeat felony offenders face harsher sentencing guidelines than first-time offenders. When prosecutors “stack” charges, defendants can be sentenced as repeat offenders ...

What charges does the prosecutor charge for the first assault?

Like the first scenario, he is charged with DUI, public intoxication, property damage, resisting arrest, two counts of felony assault, and vehicle theft, along with drug possession and weapons possession . But, the prosecutor charges the first assault as a felony assault (which does not seem to rise to the level of a felony) and charges ...

What is stacking on?

Piling on is the practice of charging a defendant with every conceivable charge that could result from the defendant’s actions to encourage the defendant to plead guilty to at least one of the charges. This is completely legal as long as each of ...

What charges did John take?

He drives to a nearby Walmart, parks the vehicle, and falls asleep. His roommate calls the police and reports that John assaulted him and took his car. John is located and arrested. He is charged with DUI, public intoxication, property damage, resisting arrest, and aggravated assault.

What to do if you are being indicted as a repeat offender?

If you are being indicted as a repeat offender, a defense attorney can advocate on your behalf and advise you as to whether a plea deal is in your best interest. If you are in this situation, it is critical to seek expert advice as soon as possible. Recommended Articles. Misdemeanors in Federal Courts.

What happened to John and his roommate?

John and his roommate actually get into a fist fight this time, and John again leaves in his roommate’s car and drives back to the Walmart, where he is subsequently located and arrested, with a blood alcohol level still above the legal limit.

Is the threat of a repeat offender a violation of due process?

Supreme Court, but the Court held that, as long as the “threats” of using the repeat offender statute were contained in the original indictment, if the defendant refuses the plea deal, there is no violation of due process when the threat is actually carried out .

What does it mean when a police officer asserts charges against a defendant?

By asserting so many charges, the police are making it clear that the criminal defendant did something wrong and in violation of the law in the police officer’s opinion.

What is criminal charge stacking?

Criminal Charge Stacking. Sometimes when law enforcement officers makes an arrest, they charge as many crimes as they can at once. Police have the right to use their discretion when asserting criminal charges, and they sometimes err on the side of caution and assert more charges than is actually fair. This processes is known as criminal charge ...

Why is charge stacking so expensive?

Charge stacking is daunting to a criminal defendant. It can be expensive to fight a lot of charges at once, and some defendants are pressured into taking plea bargains because the cost of hiring a lawyer to fight all the charges.

What does charge stacking mean?

Charge stacking makes low level criminals look like serious offenders when that simply is not the case. A first-time offender can become a multiple offender if convicted of more than one of the stacked charges pending against him or her. Charge stacking is daunting to a criminal defendant.

What is charge stacking in Massachusetts?

You may have heard of police making numerous charges in an attempt to see what charges stick after being scrutinized by the court , that is exactly what charge stacking is.

What is a drug charge?

A basic drug charge, like possession or distribution, in conjunction with a conspiracy charge and/or a possession of drug paraphernalia charge. Weapons possession, in conjunction with a money laundering charge or a drug charge. A charge for a criminal offense, such as a robbery, in conjunction with a convicted felon gun possession charge.

Can a prosecutor scare you with stacked charges?

Do not let prosecutors scare you with stacked charges. A skilled criminal defense lawyer will be able to determine which charges need to be dropped immediately and will take steps to get those charges dismissed quickly so that more time can be spent focusing on the charges that you are facing.

What happens if a prosecutor stacks charges?

This has become absolutely standard practice. The prosecutor will “stack” charges to build such a scary potential sentence, that even actually innocent people will be intimidated into pleading guilty, rather than face what’s called the “ trial penalty ” – that very scary long sentence if they should somehow be convicted at trial. Not surprisingly, the nature of the deal offered by the prosecutor will be driven by how strong a case he/she thinks they would have in court – the weaker the case, the better the deal.

Can you plead guilty before an indictment?

This can be even before an indictment, because if he/she can get you to plead guilty now, then he/she doesn’t have to spend time and effort taking the case to a grand jury, much less to trial. In this case (your case) the prosecutor comes to you (your attorney) and says, “This is what I’m charging you with.”.

Do you have to take a case to trial if the defendant takes the deal?

If the defendant takes the deal, the prosecutor doesn’t have to take the case to trial, and possibly not even to a grand jury, both of which are a lot of work and require a lot of time on the part of the prosecutor. This has become absolutely standard practice. The prosecutor will “stack” charges to build such a scary potential sentence, ...

What happens if you get in a conversation with a police officer?

Hang up or close the door. If you get in a conversation, or any back and forth at all, you are at tremendous risk of saying something incriminating. And some people simply can’t help themselves from confessing. It is understandable. Police are trained at getting people to admit things that are against their interest.

What happens if the police don't get enough evidence?

If the police simply don’t get enough evidence, then they can’t charge anyone. The case may simply never happen. And if you do still get charged, it was almost certainly going to happen anyway and was not avoidable. So we move on to other defenses and ways to beat the case.

Why do police threaten you?

Most of the time, they are threatening you because they don’t have enough to charge you with, and that’s the easiest way for them to gather evidence. Don’t help them. In drug cases, there are also situations where the police may be trying to threaten you into becoming a drug informant.

Why do people hire lawyers?

Most people look to hire a lawyer after they have been arrested and charged with a crime. But if you are being investigated for a crime, having a lawyer can sometimes prevent you from ever being charged with a crime at all. This can happen in situations where police are conducting an investigation into a possible crime.

What happens if you write down a license plate?

The police will often call you or stop by your home if they get a call from a witness who wrote down a license plate, they claim was involved in a crime, and you are the owner of the vehicle suspected of being involved. It can also happen if you are known to the police, perhaps from a prior offense or complaint report, ...

What happens if you get arrested at a magistrate's hearing?

If you do ultimately get arrested or issued a criminal citation for you to appear at a clerk magistrate’s hearing, there are still lots of opportunities to beat the case at that stage, and still end a case before you are ever technically charged with a crime.

Should I speak to the police?

I recommend that you should not speak to the police on any criminal investigation all without an attorney. Remember, you are never obligated to talk to the police. But they may keep calling if they want to question you, for whatever reason. They can come to your home, or your work and the continuous requests and contacts they make can be quite ...

Can John F. Brennan be suppressed?

Brennan (Unclaimed Profile) It sounds as if you will need to take all of the details to an attorney. It might be possible to suppress the evidence found in the search depending on all the circumstances.

Can you suppress evidence in a search?

It might be possible to suppress the evidence found in the search depending on all the circumstances. You should not talk to any of the authorities, or anyone else for that matter, until you have received the advice of counsel.

Who decides what charges an arrestee will face?

In some counties (like Philadelphia), it is the District Attorney who initially chooses what charges an arrestee will face. Police are only (technically, although some exceptions can apply) required to read out the Miranda warnings if they want to interrogate you.

Where does the police report go when a defendant is arrested?

In Clak County, Nevada, when a defendant is arrested, the police report and other information goes to a screening panel at the District Attorney's office. The screening department decides what charges, if any, to issue against a defendant. Therefore, the charges in the complaint or grand jury indictment can be different from what the police officer originally said the arrest was for. The area of law involving Miranda Rights is somewhat complex and should be discussed with your attorney.

What does the DA do when investigating a crime?

The DA then decides what charges are to be brought against you based on the facts outlined in the report.

What do police do?

All the police do is investigate the crime at the moment or shortly after the crime has taken place and arrest those who are involved. They then write the "report" and turn-it over to the District Attorney. The DA then decides what charges are to be brought against you based on the facts outlined in the report. In other words the charging document can be either the same as the police recommend, worse (more charges) than the police recommend in their report or better (less or no charges) than the police recommended in their report. "Miranda" rights are only required when the police are going to question you (about the crime)when you are in a custodial setting (not free to leave), otherwise all of your voluntary statements will be used against you.

Can charges be changed prior to trial?

Charges can generally be changed at any time prior to trial. So long as due process is not denied, then a change will be allowed. Miranda will be an issue if responses to in custody interrogation are sought to be introduced at trial. Otherwise, this may not be an issue I hope that this was helpful.

Can police charge you for disorderly conduct?

Yes, the police can charge you with whatever they think they have evidence enough to prove.So if they arrested you for disorderly and then found other evidence they can charge you with more.If they did not read you your MIranda rights, they cannot use what you say against you in a court of law.Your attorney would have to file a motion to suppress anything that you said during the investigation.

Can you be charged with a different offense?

The police can take a person into custody for what they believe is the offense, confer with a prosecutor or other offense and determine that there is a different or additional offenses to be charged, and you can be charged with those. In fact, charges can be added even after you begin going to court.

How long can you be charged with a crime?

The short answer is generally Yes. You can be charged with a crime months after is it committed. There are however, statutes of limitations which prevent the charging of criminal acts after a prescribed period of time has elapsed based on the crime. Murder has no time period. Generally, except for certain specific felony crimes, most felonies must be charged within 3 years from the date the crime was committed...

How long does it take to get charged for murder?

Murder has no time period. Generally, except for certain specific felony crimes, most felonies must be charged within 3 years from the date the crime was committed...

3 attorney answers

Please keep in mind that the information you posted is not confidential, and because it could be used against you or cause you to be targeted by the person that left the drugs in your car, you should delete this post and speak with an experienced criminal defense lawyer.

Steven J Sherlag

Technically, you can be charged for a crime any time within what's called the "statute of limitations." Essentially, there is a deadline written into the law, after which point the government may not charge you, no matter what evidence they have.

Karen J Mockrin

You could be charged later. Before agreeing to work with the cops and before telling them you decline, please consult with a local criminal defense attorney. There's a lot going on here. The cops know who you are now and who you're hanging out with. Might be time to examine the company you keep. Best wishes.