why should get lawyer after arrest

Full Answer

What should I do if I need an attorney after being arrested?

The police should not question you after you have requested an attorney. Call friends or family. You might not know the name or phone number of an attorney, especially if you’ve never been arrested before. In this situation, you should call friends or family and ask them to find an attorney for you.

How can a criminal defense attorney help me?

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.

Do you have to hire an attorney to go to jail?

You have to agree to hire an attorney. Although your family might call someone to go see you in jail, that person isn’t your attorney until you hire him or her. The attorney should send you a “retainer agreement” or “engagement letter” for you to read and sign. The agreement should identify the following:

Do you have a right to an attorney in a criminal case?

Generally, if you face the possibility of time in jail for your conviction, then you have the right to an attorney. You should call an attorney from jail or request a public defender when you appear before the judge.

Why do attorneys protect criminals?

Criminal defense lawyers must provide "zealous" representation. Another reason that lawyers can defend people regardless of guilt is that our society gives each citizen the right to be vigorously defended in a court of law. The U.S. Constitution assures every citizen due process and the right to legal counsel.

Why is it important to have a lawyer during interrogation?

The main reason why you should have a lawyer present with you if you are being questioned by police in the state of California is right there in the Miranda rights: “Anything you say can and will be used against you in a court of law.”

Can police arrest a lawyer in India?

“No Police Officer shall arrest an Advocate or investigate a case against an Advocate without the explicit direction of the Chief Judicial Magistrate,” according to Section 11.

Why do we arrest criminals?

Police make arrests to start most criminal prosecutions, to take control of dangerous people, and to solve problems on the street.

Should you always ask for a lawyer?

If you spontaneously or voluntarily speak without being questioned, your words can be used against you. Not only is it good to ask for an attorney, but you should also stop speaking until you have a chance to consult with an attorney on your case.

Why should we always get lawyers?

If you are being sued and the consequences of a loss may result in the loss of a good deal of money or property, you need a lawyer. Again, the other side has a lawyer, so you need to get one too. Most of these things are settled out of court, but you want an experienced negotiator on your side.

Can an advocate send a criminal to jail?

An advocate can send the criminal to jail depending in the crime done by the person. Explanation: An advocate is professional in the field of law.

What happens after arrest in India?

After the legal arrest of a person, his rights are protected through the time period for which he may be held in custody. For the custody to be a legal, a person may not be held in custody for more than 15 days.

Can police beat anyone?

No, it is not a police officer who beats you! Just so you know, no policeman is allowed to use force with anyone except if they are resisting arrest or trying to escape.

How do police decide to charge?

The decision to charge any person with an offence is usually taken by the CPS. If the CPS decides there is sufficient evidence to charge you with an offence then you will be taken before a custody sergeant who will read out the alleged offence to you.

What is legal basis of arrest?

A police officer may arrest a person who is committing or attempting to commit a crime in the officer's presence. An officer may also arrest a person provided that the officer reasonably believes a crime to have been committed and the person arrested to be the guilty party.

Who can arrest a person?

Arrest by magistrate According to Section 44(1) of CrPC when an offence is committed in the presence of a magistrate within his local jurisdiction, he has the power to arrest that person himself or order any person for arrest and subject to the conditions relating to bail, commit the accused to custody.

Drug Offenses Are Prosecuted Aggressively

A common misconception is that first time drug offenses are not serious,and therefore treated lightly by the courts. Yet, nothing could be farther from the truth. From possession to trafficking, drug crimes are prosecuted aggressively in the state of Pennsylvania.

How Serious are Drug Possession Penalties?

In Pennsylvania, drug possession is one of the most common drug-related offenses in the state. If you are arrested and charged with drug possession, you face grave penalties and consequences. The severity of your penalties will be determined by four main factors:

Defenses Your Attorney May Use

There are numerous defenses your drug offense lawyer may use to get the charges against you reduced or dismissed altogether.

Contact Our Pennsylvania Drug Offense Lawyers Today

If you have been arrested for a drug offense in Delaware County, Chester County or anywhere else in the state of Pennsylvania, do not speak to prosecutors or arresting officers without an attorney present. Your future depends on mounting a swift and aggressive defense from the very start. Don’t go it alone. We are here to help.

Why do you need a lawyer if you are arrested?

Hiring a lawyer if you think you’re going to be arrested will help you get the right information and make the right decisions for your case. Pre-charge and pre-arrest lawyers advise clients about what they should and should not say, discuss cases with persecutors to get information that can be helpful in the potential case ...

How long does it take to get a charge forward after being arrested?

These decisions can take a few days to a few weeks.

What to do if you are being investigated for questioning?

If you’ve been called in for questioning or are being investigated and you think you are under investigation you should seek the advice of an attorney.

Why do you need a private attorney?

6) Hiring a private attorney allows you to speak with your counsel and get legal advice before walking into court for the first time. This does not happen when you are waiting to be assigned a public defender. You have to wait until after an arraignment to schedule a meeting with a public defender. Depending on how much time you allow, your private defense attorney might be able to develop a comprehensive strategy before the arraignment.

Why do you need legal advice before your first court appearance?

If you have been arrested, received a summons to appear, or you are trying to help a loved one through the process, here are several reasons to consider seeking legal advice before your first appearance: 1) If you are arrested and in custody, a lawyer can help explain the bail process and get you connected with someone who can get you released ...

What happens if a case does not resolve before arraignment?

5) If the case does not resolve before arraignment, we can usually get the conditions of release to be more favorable. For example, if the Prosecutor is requesting an ignition interlock, we will have our clients get an alcohol evaluation prior to the arraignment. This allows the Judge to better determine whether that condition should actually apply and gives you a better chance of avoiding these costly conditions of release.

Can a misdemeanor be resolved before arraignment?

4) In some situations, the case can be resolved before your arraignment! If there is enough time, we can work on a Compromise of Misdemeanor or a Pretrial Diversion Agreement. These options apply to certain criminal charges and, if the State is amenable, we can have an arrangement prepared before your arraignment.

Can you waive an arraignment?

3) Many people have difficulty getting time off of work on short notice to appear in court. If you make contact with a criminal defense attorney earlier enough, he can typically waive the arraignment, which excuses your presence.

How to talk to a lawyer in jail?

Ask to make a phone call. Once you are booked, you should tell a jail guard that you want to talk to your attorney. You need to be explicit. Say, “I want to talk to a lawyer. Can I make a phone call?”

What to do after being arrested?

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.

What to do if you can't reach someone in jail?

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.

How to find a criminal defense attorney?

Depending on what you have been charged with, you may be able to find an attorney who works solely on your type of case. This specialization can be an incredible advantage for you as these attorneys will have a wealth of experience dealing with the particulars of your type of case. To find a specialist you can look through attorney websites and other resources. Additionally, some states offer specialization designations for attorneys who show competence in a particular area of the law.

What to do when you trust someone on the phone?

If you trust the person you call, have them contact an attorney for you. Say nothing else to your friends or family. For example, don’t start talking about the crime. Often, the police record the conversations people have using the phone.

What to do if you are arrested for a crime?

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.

How to determine if you are being charged with a state or federal crime?

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.