Criminal Defense FAQs
Criminal Defense Frequently Asked Questions
Being charged with a criminal offense can be a frightening experience. You need to know your rights under the law and how to protect them immediately. An experienced attorney can help you understand the complexities involved in a criminal case. At Keith Barton & Associates, we have highly qualified and skilled attorneys who can help protect your Constitutional and Civil Rights through the criminal process, and can answer any questions you may have regarding your specific situation. Below are some of the most frequently asked questions regarding the criminal process.
- Do I need to hire a criminal defense lawyer?
- When should I hire a lawyer?
- What should I do if am being investigated by the Police?
- What should I do after I have been arrested?
- What is bail and how is bail determined?
- Will my case go to trial?
- How can you help me?
Criminal charges are often very serious. Depending upon your charge, you could be facing jail, prison, or other sanctions. Criminal law is a specialized area of practice and many cases involve complex legal and factual issues. It is important to have someone on your side to defend your Constitutional and Civil Rights as the Police and Prosecutor build a case against you. An experienced criminal defense attorney can help you understand the charges against you, and your rights throughout the criminal process. At Keith Barton & Associates, we will devote all of our professional resources to resolving the specific issues involved in your criminal case, and obtaining the best possible outcome.
It is important to retain legal counsel early on in the process. If you suspect charges may be filed against you, it is imperative that you seek legal representation. An experienced attorney may be able to intervene and negotiate with the Prosecutor to either prevent charges from being filed, or negotiate a lesser charge instead. Additionally, a skilled defense attorney can challenge the manner in which the Government collected its evidence which might suggest a violation of your Constitutional or Civil Rights. Because memories fade, evidence is lost, or witnesses disappear, the longer your criminal defense attorney has before trial, the stronger your defense can be. Consulting with an attorney during the early stages of a case can help secure evidence and protect your legal rights.
Again, it is critical to have legal representation during the early stages of an investigation. You do not want to do anything that might adversely affect or prejudice your case. Therefore, we strongly recommend that you do not discuss your case or make any statements, written or recorded, to the Police or Prosecution without an attorney present. The statements you make are considered evidence and may be used against you at trial.
You have a right to refuse to answer any questions. Always be polite, but you are only required to identify yourself. Never volunteer any information. Whatever you say, no matter how well intentioned, can be misinterpreted and may be used as evidence against you later. This applies even if you do not give a formal, signed statement. It is always better to decline to make any statements or answer any questions until after you have contacted an attorney.
Upon arrest, the police must advise you that you have the right to speak to an attorney as soon as it is practical to do so. If you request to speak with an attorney, the police may not question you about your case until you have been advised by legal counsel.
It is also important not to enter into any plea agreement without first speaking to an attorney, even for a minor offense. In some instances, entering into a plea agreement can have long-term and irreversible consequences that will be on your record, and may cause problems when applying for certain types of employment.
After you are arrested, the judge will make a determination of your bail which may or may not require you to appear before the court. Bail is the money or some form of security deposited with the court to insure that you will return for your court hearings or trial. The amount of bail, if any, is determined by the judge based upon the severity of the offenses charged against you and the probability that you will appear in court. Bail allows you to be released from custody pending a resolution of your criminal case. If the amount set for bail is more than you can afford, you may choose to use a bail bond agent who will act as a surety for your appearance in court and pledge money as bail. Bond agents generally charge a fee of 10% of the total amount of the bail required in order to post a bond for the amount. This fee is not refundable and represents the bond agent's compensation for his or her services. If you cannot post or put up the amount set for bail, you will be taken into custody.
The vast majority of cases that we handle are settled before they go to trial. A skilled defense attorney can negotiate with the prosecutor and often times reach an agreement before trial, saving both time and money. However, each case is different and it may not be in your best interest to enter a plea or settle your case before trial. Our team of criminal defense lawyers will aggressively pursue the option that is best for you to protect your legal rights.
At Keith Barton & Associates you will find a team of highly qualified attorneys who are dedicated to aggressively helping you with your case. Our mission is to treat every client with care and respect as we fight for your legal rights. Our criminal defense attorneys work diligently and aggressively to ensure that your rights are protected in DUI, misdemeanor, and felony cases. We will help you every step of the way through the criminal process, from the investigation stage through the appellate process, if necessary. We have former prosecutors and legal defenders who have years of experience trying criminal cases. We have represented clients charged with all types of criminal offenses, and we can defend the charges against you.
When you have been charged with a criminal offense, you need help NOW. We are available 24 hours a day, seven days a week to discuss your specific situation.
To contact our office call 1-800-416-8010, or submit a case evaluation form. You will hear back from us in 30 minutes - "It's Just That Easy."