It’s very common for the accused to call Law Office of Michael L. Fell with general questions about criminal trials. We know this is a challenging, confusing, and difficult time. Your best bet to get the specific answers you need is to call us at (949) 585-9055 for your free case evaluation. However, you’ll find answers to some of the most frequently asked questions below.

Do I have to let the police search my car or vehicle?

No. You never have to consent to a police search. In fact, in most cases we don’t recommend it. That said, police may detain you until they’re able to get the search warrant they need. Do not let this intimidate you. In a few select cases, the police may be able to search your property without a warrant and without your consent. This is only relevant if they have probable cause to do so. If they search your home illegally then any evidence obtained during that search will be inadmissible in a court of law.

Don’t the police have to read me my rights if they arrest me?

No. This is a common misconception. The police aren’t required to read you your rights when you’re arrested. A Miranda Warning only applies if the police plan to use any statements you make against you in court and it only applies if you’re in police custody. In most cases, they’re going to read you the Miranda Warning if they believe you’re going to give them incriminating answers. You should always consult with a criminal defense attorney before answering their questions.

Do I have to cooperate when the police ask questions?

No. The Fifth Amendment offers every citizen the right to remain silent. The police may work to intimidate you into answering questions you don’t want to answer. Don’t listen to them. Call your attorney right away. You are not required to make a statement, no matter what the police say.

What exactly is a Grand Jury?

It’s a group of individuals who hear evidence in a case and decide if there’s enough to take it to trial. They base their decision on testimony from witnesses, physical evidence, and other information. A Grand Jury does not convict anyone of any crime – they simple say that there’s enough information for a trial to move forward.

How are charges decided on?

When the prosecution decides to pursue charges, they’re looking for the charge that they can prove with the evidence available to them. In some cases, they may not have enough evidence for one theft crime and may instead charge the accused with a lesser offense because they think it’s more likely to get a conviction.

Your criminal defense attorney may also choose to work with the prosecution to negotiate a lesser charge. This is only done when there’s a wealth of evidence against you and your chances at trial aren’t good. In some cases, the lesser charge could come with no jail time and lesser fines. To find out what your options are, contact Law Office of Michael L. Fell at (949) 585-9055 for a free case evaluation.