What kind of Guarantees can you make?
Our best work. Unfortunately, we do not have a crystal ball so we are unable to predict the precise outcome of your case when you hire us. That being said, our experience allows us to assess your case and life story well enough that we can provide you with, what we think, are possible outcomes.
We wish we could guarantee that we will make your case go away. We cannot. In fact, such promises are unethical and prohibited by the bar association. If you encounter another firm promising you a specific outcome upon hiring them, make that firm put that guarantee in writing and contact the bar association. No one can do that.
When you hire our firm, we will assign a team of professionals to your case. We will regularly communicate with you and update you on any developments. We will do our very best to achieve your goals; provide you with the information to make informed decisions and stand willing to take your case to trial if necessary.
Am I Going to Go to Jail?
Every case is different. Think about it this way: You can’t simply walk into a doctor’s office with a throbbing headache and expect an immediate and ironclad answer to whether or not you need surgery. In most instances, some ibuprofen will do, but, in others, a tumor is diagnosed requiring surgery. Much like your doctor, we need to ͞run our own tests i.e. review the police reports, witness statements, expert reports, etc. before we can opine about the likely outcomes of your case. We believe that actively working your case and getting it ͞trial read best prepares us in dealing with the best opportunity to achieve a favorable result.
Do the Police need a Search Warrant?
As a general rule, the police need the warrant to search you, your home, or your vehicle. However, the courts have created so many exceptions to this rule allowing for many ͞warrantless search prosecutions. Nevertheless, an experienced lawyer is often able to suppress these warrantless searches and seizures when the requirements for the particular ͞exception have not been met. Even if a warrant to search is issued, an experienced lawyer is sometimes able to get the evidence suppressed by showing inaccuracies within the warrant or some other procedural defect.
What if the Police do not advise me of my rights?
There is a common misconception causing people to believe that your case cannot be prosecuted if you are not advised your Miranda warnings. This is not so.
Your Miranda warnings simply prohibit the Government from using any statements you make to law enforcement while in their custody unless you were first advised of your basic right to counsel and protection against self-incrimination. In some cases, evidence received because of an improper confession can also be suppressed.
In most instances, a suppressed confession weakens the Government’s case against you but the Government is never required to throw out the case simply because you were not Mirandized.
How long will this stay on my record?
This is a good question. The answer depends on what happens to your case. If we get your case dismissed or you are acquitted at trial, we can get your arrest taken off your record. In the event you are convicted, we may be able to have your conviction expunged upon you successfully completing a period of probation. Whether or not you are eligible for an expungement will depend upon the type of crime in which you were convicted, your criminal history, and the type of sentence imposed. If you have an old arrest or conviction that you want to be removed from your record, please contact us to see if we can help.
Can I get probation?
Maybe. Most crimes are probation eligible offenses. But, some are not and others allow for a term of probation only after serving a mandatory minimum period of jail time. Your criminal record is an important consideration. Individuals with previous felony convictions may not be eligible for probation or parole. Fortunately, prosecutors have plenary discretion on how to prosecute and sometimes cases can be structured in a way that allows persons deserving probation to receive it when they are not otherwise eligible.
What is P.T.I. / Diversion?
PTI and Diversion are tools used by various District Attorneys to forego prosecuting first offenders of non-violent crimes. Typically, these programs require a period of monitoring, some classes, and a nominal supervision fee. But, upon completing the program, pending charges are dismissed. In other words, there isn’t a conviction on your record. If you’ve been arrested and are interested in a PTI or Diversion Program, please contact us so we can assist in getting you screened for admission.
What will this cost?
That’s a great question and depends upon the type of case we are handling as well as the complexity of the legal issues involved. We do our very best to maintain a consistent fee structure for everyone but we do realize that every case is different which allows a certain level of flexibility. For a more detailed explanation of our various fee structures for criminal defense, personal injury, civil litigation, and family law matters, please go to our ͞Resources Page where we more fully explain the costs involve for our services.
Can a state inmate challenge his conviction in Federal Court?
Yes. A state prisoner can file a claim for federal habeas relief and ask a federal judge to review the merits of his state court conviction. However, this right to review is not automatic. A federal habeas claim is viable only when the petitioner can establish that the state court misapplied clearly-established federal law according to Supreme Court precedent. The petitioner cannot rely upon rulings from lower federal courts in establishing their claim.