FAQ's
I haven't been arrested and I haven't done anything wrong, but the police want to talk to me about some alleged criminal activity. Should I talk to them?
The best rule of thumb here is never talk to the authorities until you talk to a criminal defense lawyer. Politely say that you would feel more comfortable talking to a lawyer before answering any questions. Period. Shut the door or hang up the phone. You do not owe the authorities an explanation of your decision. Police will often respond to initial reluctance on the part of a person under investigation by telling them that they can clear things up by answering a few questions, or that they must have something to hide otherwise they would be willing to talk and help the police. Remember, anything you DO say can and WILL be used against you, just like you hear on TV. You are never required to speak to the police or FBI or any other law enforcement personnel. The 5th Amendment to the U.S. Constitution protects you in all cases in which you are a potential target of an investigation. Don't assume because you do not believe you have done anything wrong or because the authorities tell you you are not under suspicion that you have nothing to worry about. Any good defense lawyer can tell you about a lot of clients who hired them after speaking to the police without advice of counsel, thinking they had nothing to worry about. The police can and do mislead people in the course of conducting investigations. They are permitted by law to do so in order to obtain necessary information. Finally, if you DO have reason to be concerned about the fact that you may have committed a crime or been involved in criminal activity, under NO circumstances should you speak to the police.
How about DCF--should I talk to them if they approach me?
This is a much more difficult question than whether to talk to the police. You have no obligation to speak to DCF. Nor do you have to let them in your house unless they are with a police officer who has a valid warrant. Your 5th Amendment rights apply to DCF every bit as much as they apply to the police, the FBI, etc. Hoverer, if you choose NOT to talk to DCF, that "lack of cooperation" can and mostly likely WILL be used against you. That is because DCF is charged with safeguarding children, and if you don't provide information that DCF thinks is necessary for them to be sure your children ARE in fact safe, then they can in some cases take your children from you either by means of what is called a 96-hour hold, or by means of an order of temporary custody signed by a judge. Either can happen BEFORE you have a hearing in court to defend yourself. If DCF contacts you and wants to talk, the best thing to do is call a lawyer first. If you cannot do that for whatever reason, unless you have reason to believe you may have committed a crime, you should cooperate to a limited degree (by letting DCF see that your children are OK, that there is food in your home, etc.). If you are concerned you may have committed a crime (such as striking your child with excessive force, placing them in a dangerous situation, or the like) then you should give serious thought to politely refusing to answer ANY questions until such time as you can talk with an attorney.
What happens when I get arrested?
When you get arrested, you will be assigned a court date at the police station or at the time the police officer gives you a ticket. Criminal (and motor vehicle) cases in Connecticut are heard either in the U.S. District Court (if you have been charged with a federal crime) or in a branch of the Connecticut Superior Court (if you have been charged with violating state law). All state criminal cases start (and most stay) in what is called the Part "B" section of the Superior Court. These courts are called "G.A" courts (for "geographic area"), and are located at over 20 sites throughout Connecticut. Each G.A. court has a number, like G.A. 14 (Hartford), G.A. 15 (New Britain), etc. Each G.A. court handles cases from certain nearby towns.
Who sets my bond?
Bonds are set at the police station by the police. A "bail commissioner" who floats around the various police stations can override the police. Telephone books and bond agency lists found at most police stations are sources of information for finding a bondsman. Their non-refundable commission range from 7-10% of the size of the bond. Call us if you need information on obtaining a bond. We are happy to help.
Do I need an attorney?
Since an arrest can result in you having a criminal record for life, you should concern yourself with getting good advice about how to defend yourself. You are never required to have a lawyer in a criminal case. You are free to represent yourself if you wish. However, in almost all cases, the usually modest financial investment in hiring a defense lawyer ends up being well worth it. The risks are simply too high, even in "minor" cases. A good example of this fact is that most lawyers hire a lawyer when they or a family member have ANY kind of criminal or motor vehicle case. Even if you believe your case is minor enough that you can handle it yourself, you may not take advantage of available options or programs that could make it easier on you or result in your case being dismissed and your arrest record erased. Prosecutors cannot give you legal advice because they represent the State of Connecticut (or the U.S. Government). So if you go to court alone, you may think you are getting the best possible deal, but you may not be, and the prosecutor is not required to tell you so.
If I get arrested and am guilty, will I definitely end up with a criminal record?
No. Only a skilled defense lawyer can review your case, especially the police report, and after speaking with you in detail about your case, determine whether in fact you have committed a crime under the laws of the State of Connecticut or the United States, what your options are, and what your recommended defense strategy and options might be. There are many factors that go into determining how best to defend your case. Depending on your past criminal history if any, the severity of the crime, the intentions of the victim, your willingness to invest the time and money necessary to mount a successful defense, etc., we will decide the best approach to resolving your case in your best interests. We believe it setting the bar high at the outset. That is, if we can find a way to get the case against you dismissed, we will do so. That is our job and it is what you pay us for. If we uncover a loophole, either in terms of a mistake made by the authorities, a technical problem with proving the crime alleged, etc., we will absolutely take advantage of that opportunity and do our very best to get your case "dumped." Even if you are guilty of a crime and the police have done their job properly, there may be an opportunity for us to negotiate with the prosecutor to resolve your case either by making a charitable contribution (a donation to a non-profit organization like the Red Cross, American Cancer Society, etc.) in exchange for a "nolle" (decision not to prosecute), by agreeing to a guilty plea to a lesser charge (such as an infraction (like a traffic ticket) instead of a misdemeanor or a misdemeanor instead of a felony), not to mention that there are a large number of alternative ("diversionary")programs available in Connecticut to people charged with crimes, especially if they have no (serious) criminal record. (As an example, we recently handled a case for a client who had been charged with a pretty serious offense on the basis of which everyone (except us) quickly concluded there was no way out but a guilty plea or a trial. However, we filed a motion with the court and argued our client was eligible for a diversionary program not specifically designed by the legislature to apply to the crime he was charged with. Rather than a criminal record or the time and expense (not to mention risk) associated with a criminal trial, our client now has a real opportunity to have his case dismissed by successfully completing a program. The case is on-going, and so (as of this writing) we do not yet know the outcome. But we have given our client a chance he did not realize he had before hiring us. Whether you hire our firm or another, if your attorney is not only aware of the details of various programs but willing to go the extra mile to aggressively explore ways to resolve your case, you may as well represent yourself and save your money. Good legal representation is not inexpensive. While it would be an overstatement (in our opinion) to say "you get what you pay for," in the criminal defense business, that is often true. We readily acknowledge we are not the cheapest law firm in the yellow pages. If you intend to hire a lawyer based only on price, don't waste your time (or ours) talking to us about your case. We want to represent clients who take their case seriously, like we do.
How much is all of this going to cost me?
The cost of a defense lawyer depends on the nature of the charges against you, your prior criminal record, and other factors. You can always find a lawyer less expensive than the next guy. While the old adage "you get what you pay for" may not be completely accurate all the time, it does carry a lot of weight in the law business in our opinion. We tell our clients that they should look at any fees paid to us as an investment in their future. In some cases, the charges are so serious that we will be required to devote hundreds or thousands of hours of time to defend our clients, and as a result, our fees are substantial. While very few people have tens of thousands of dollars lying around to spend, when it comes to defending a criminal case, it is indeed a rainy day in terms of the financial aspects of your case. Criminal defendants can and sometimes do need to borrow money to pay for representation. You must decide if defending your case is worth the investment. But always remember, poor legal representation can have life-long repercussions.
How do I choose an attorney?
We recommend you look for an attorney with experience in criminal defense work specifically. In criminal cases it is also a good idea to hire someone who goes to the court your case is in with some frequency. That lawyer is likely to know the prosecutors and judges, know their likes and dislikes and their temperaments. The success of criminal defense lawyers in large measure, especially in minor cases, depends on how good a relationship they have with the courts. That is not to say that judges or prosecutors do favors for lawyers they know. However, they are human beings, and human nature being what it is, you are going to get more from people who know and respect you than from those who do not. Hiring the most aggressive lawyer in town is not the answer in most cases. In fact, some particularly aggressive lawyers are not well respected in the judicial system.
Why should I use your law firm?
We specialize by choice. Our firm practices in only three areas of the law--criminal defense being one of them. We spend a great deal of time in criminal courtrooms, with prosecutors and criminal court judges. We have represented lawyers, prosecutors and judges in their own criminal cases. We consider that to be the utmost honor and sign or respect. We would be happy to put our ability to work for you.
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