Criminal Law Review

If you are facing criminal charges, you know that the legal system can be very confusing and stressful to try to navigate. Partnering with a skilled lawyer is the best way to relieve the anxiety associated with your situation. Below are a few frequently asked questions to assist you in better understanding the issues surrounding the charges brought against you:

What is the difference between a misdemeanor and a felony?

Misdemeanor charges have fewer consequences than felony charges and are often thought of as less serious offenses. Although misdemeanor charges are punishable for a prison term as long as one year, the fines and prison term for a misdemeanor are much less than those for a felony. Both misdemeanors and felonies appear on a criminal record, which may negatively impact your ability to be hired for a job, to be approved for housing, and other things of that nature. Disorderly conduct, public intoxication, DUI, theft, vandalism, and drug possession are all examples of crimes that result in misdemeanor charges. Felony charges usually lead to prison terms of over a year and higher fines. Felony charges range from charges of treason, murder, rape, kidnapping, and robbery.

Is it okay to talk to my family and friends about my criminal charges?

No, it is not advised to discuss any of your criminal charges with family or friends. Your attorney is the only person that you should be speaking with about important legal matters. Anything that you say about the charges brought against you can be used against you later in a court of law. From the moment you’re arrested, everything that you say from that point on can be used as evidence against you, so it is crucial that you be very careful when speaking to others. Contacting an experienced lawyer immediately is the best way to protect yourself from saying anything that might incriminate you.

If I plan on pleading guilty do I still need an attorney to represent me?

Yes. Although you may wish to plead guilty to the charges brought against you, the assistance of a lawyer could mean the difference between you spending a year in jail and only having to complete several weeks of community service. There is a wide range of punishments and penalties for crimes and a knowledgeable attorney has the experience to ensure that your punishment is minimized.

Do I have to testify in court?

No, you are not required to testify in court, however, it is your right to do so if you choose. Speaking with a lawyer will help you decide whether or not testifying is the appropriate action to help your defense.

If an individual is arrested, the record of the arrest and any ensuing conviction are preserved in that person’s criminal record. A criminal record is a document that details all of an individual’s past crimes and charges. These records typically include arrests, charges pending, and charges of which an individual has been cleared. These records do not go away unless an individual does something to make them go away.

Criminal records are maintained in databases which are maintained by local, state, and federal officials. These records are maintained on the various levels for the purpose of identifying people, employing people, issuing security clearances, immigration, as a source for developing suspects in ongoing investigations, and to enhance the sentence a convicted individual receives during criminal prosecutions. The last reason is particularly important because convictions for the same crime multiple times frequently results in a harsher penalty. This is true in instances like DWI convictions.

In many cases, law enforcement agencies will maintain their own individual database. Even though some of these databases are kept up by individual agencies, the reports and information contained within are frequently shared among multiple law enforcement agencies. This feature of shared databases frequently makes it easier for law enforcement agencies to develop potential suspects for crimes.

As well as being available to other law enforcement agencies, an individual’s criminal record is commonly made available to the general public by virtue of the internet. Really, most information that concerns an individual’s arrest and conviction record is available online. While this is true, juvenile offenders are not subject to having their records open to the public. Commonly, juvenile records are sealed, either automatically or through an action the juvenile has pursued to make sure his or her record is sealed.

Many individuals feel that it is a good idea to have criminal records available for perusal online, those who have ever committed a minor crime would disagree. This is because there is no distinction between the records of convicted killers as opposed to individuals who have been convicted of petty theft. This means that the presence of a criminal record subjects all criminals to the same consequences, even if the crimes were miles apart.

If you would like more information concerning criminal records and their negative effects, please visit http://dallasexpungementlawyer.com/dallas_non_disclosure_lawyer.aspx. The experienced team will be more than happy to answer any questions you may have concerning criminal records or any other portion of criminal law.

County jail can be a very dangerous place! And shouldn’t be something anyone should experience.

If you have one glass of wine over the limit and drive a car, you might find yourself in handcuffs.

Most of us always wave the thought of going to or ending up in jail.

Unfortunately this happened to me of course in the most unexpected moment and I went through hell.

What I’m really trying to say is I think people should educate themselves more about the experience of county jail, getting arrested and knowing your rights. Other things like how to behave if you get pulled over by the cops and if you have kids, you really want to know what to do if you suddenly get a phone call in the middle of the night from jail telling you your son or daughter were incarcerated.

Do you know that if you end up in county jail, even if you are bailed out you can still be in the system for 24 hours until you are actually released? In that time you are arrested with criminals from all sorts of life including murderers, gang members, rapists, bank robbers and the list goes on. There are different gangs in jails and prison that usually are associated to the race you are.

I ended up in Los Angeles county jail in the men’s Central jail house and the processing I went through was tortures! I really wished I was more educated before getting arrested for the first time.

If I only read a little beforehand I could have saved myself a lot of aggravation from the inmates and jailors.

My relatives could have also done things on the outside to help me get out of there much faster and helped me during my incarceration. Knowledge is power! Educate yourself about the danger in jail and prepare for dangerous situations you can find yourself in just because you drank one glass of wine to many and drove a car.

Tip: If you can avoid ending up in county jail and being bailed out ASAP from the local jail before being transported to downtown, do it! The local jails are a piece of cake compared to county.

If you are arrested for a crime, a judge will set or deny you bail. Bail is defined as the sum of money that is exchanged for the release of someone who was arrested. When bail is paid, the transaction is used to guarantee that the individual that was arrested will appear for trial at a later date. If you are denied bail by a judge, you will be required to stay in jail until the date of your criminal trial.

There are two common ways that an arrested individual may be bailed out of jail. These are posting cash bail at the jail and contacting a licensed bail agent to post a bail bond on your behalf.

Posting Cash Bail

The amount of bail can be paid in full by the defendant or someone other than the defendant after the judge has set your bail. The defendant will then be released under the condition that they will return for trial. The bail money will be held until after the defendant returns to trial and the case is resolved. When the trial is complete, the bail money will be returned to whoever posted the bail initially.

If the defendant does not return to court, the bail will not be returned and the full bail amount will be forfeited to the court. A warrant will also be issued for your arrest should you fail to appear at any of your required court appearances.

Contacting a Licensed Bail Agent

If you, your family, or friends are unable to pay the full amount of bail, you have the option to contact a licensed bail agent. A bail agent will attain collateral and premium when bail is posted to ensure that the defendant will appear in court for their criminal trial. Premium is usually 10% of the bail amount and collateral can be cash, cars, real estate, or signatures that the bail agent will hold until the defendant completes all of the required trial appearances and the case is resolved.

Be aware that failing to appear in all of your required court appearances may prompt a bail agent to send a bounty hunter to locate you and return you to face your trial. It is in your best interest to comply with the agreement initially discussed between you and your bail agent.

How a Lawyer Can Help

If you are facing criminal charges, you are probably feeling the stress and anxiety associated with the situation. If convicted, criminal charges could have a drastic negative effect on your reputation, family life, and future career opportunities. Partnering with a skilled attorney will significantly reduce the stress of the situation. Turn to an experienced criminal defense attorney to help you through this difficult time. An attorney will ensure that you receive the fair trial that you deserve.