What Are The Common Mistakes Made Following An Arrest?
The most common mistake made after an arrest is violating release conditions and having contact with victims, co-defendants, or people that the court told you not to have contact with. Other terrible mistakes are continuing to make statements, or give interviews to police without having consulted an attorney, or having an attorney present. Police investigations are not necessarily over after an arrest. The most common mistake is not to consult counsel, or sit down with family and discuss how things are going to work going forward, because you can continue to make life tougher for yourself, or make the case against you better if you are not properly prepared, or represented in that time period.
The other mistake is leaving everything until the last minute to consult with an attorney. You can hire an attorney at any point during the process, but if you want the attorney to be effective, you are going to want to hire them early on, so they can review discovery, and be prepared to handle the case. For example, before your trial is set, which are not often uncommon, people put this stuff off until the last minute even though it could be the most important decision they have made.
Am I Going To Have A Criminal Court Appearance In The First Month?
Most likely, you will have a criminal court appearance in the very first month. The timeframe is usually a month from your arrest. In a misdemeanor case, you have your arraignment around the thirty-day mark, and in a felony case, you would have some kind of appearance, a desk conference, or something within thirty to forty-five days.
How Often Should I Meet With My Attorney To Discuss My Case In The First Month?
Meeting with an attorney depends on the complexity, or the seriousness of the case. Probably just once to prepare for an initial hearing, and discuss how a case can proceed. Generally, discovery cases consist of police reports, audio or video recordings and things like that, which are not going to be made available right away. Those things are not going to be prepared or ready until you have had that first hearing, or even after that. There is nothing for us to review, or discuss from what the state’s case looks like outside of what evidence you think they have, and what your recollection of things might be.
We really try to meet once, or twice to discuss the perception of our clients from what they believe has happened, and who they believe is involved in the case. We really start to do the work once we get the state’s case, because that shows evidence, and then we have an idea of how strong they think their case is, and how to attack it going forward.
Should I Voluntarily Try Pre-Trial Counseling As A Mitigating Factor?
It is very independent if you want to attend pre-trial counseling. Those are things that clients want to do to help themselves, or better themselves, and get their life back on track. Obviously, I am all for it, but I tell them that they are doing it in anticipation of fulfilling a further court requirement whether it is for substance abuse, or domestic violence counseling. I usually tell the client we are going to find out what the court wants, and where they want you to do it, and you will get proper credit for this. You are not always going to get proper credit for starting something like counseling, if it does not comply with the court’s parameters. Obviously, clients feel like counseling is going to be a benefit to their relationship, and to their life, and then there is no reason to wait.
What Is The Best Advice For Someone Who Has Been Arrested?
First, like anything in life, when it is an important decision to talk about how much money to spend on the quality of representation, you should probably meet with a few attorneys. If you do an internet search, or look through the yellow pages, there is nothing bad about meeting with several attorneys, and finding your right fit. I think most people find their attorneys much as if they find their doctors. That is usually through referrals, and someone who either has been through the experience, or is a different type of attorney that can recommend a good criminal attorney.
Of those, the referrals are most reliable, because if you trust the person making the referral then you are more likely to find an attorney that works for you. I find people that make referrals to me; I want to make those individuals happy. I am going to do the same job for everybody, but you know when somebody trusts me, and sends someone to me, I want to make sure they do not have to go to the next person to determine whether they want to sign up or not. I assure them that I am the person that is going to help them. I am the type of person that cares about the situation and the case.
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