Through our efforts to assist and serve clients, we have been asked thousands of questions from individuals in need of information. The Question and Answer section of our website is dedicated to both presenting answers to commonly asked questions and dispelling common misinformation.
Please search the commonly asked questions below. If you question is not listed please email us and we will assist you if we can.
This section of our website is not intended for legal advice. Statements are not intended to be a correct statement of law in your jurisdiction. This statement is intended to give you a very general understanding of what is involved in the referenced issue. Please consult an attorney to find out what laws apply in your specific jurisdiction.
QUESTION: I just got arrested for a DUI, what next?
ANSWER: Do not make any statements while in custody. Courts have ruled that laws imposing penalties for refusing a blood or breath test are constitutional. Hire an attorney you trust and let your attorney know about any issues that might be relevant, including conditions that influenced the arrest. If you were driving with anyone, let your attorney know whom you were with. Show up to every court date unless your attorney tells you otherwise.
QUESTION: I just got charged with a Hit and Run - what are my legal options?
ANSWER: After being charged, your first court date will likely be the arraignment day. On that day you will be formally charged and then asked to enter a plea. Once a plea of not guilty is entered, the discovery phase of the case is started, which includes any investigation on the case. This part of the case could take some time, depending on the complexity of the charge. Also, during this phase, many pre-trial motions are filed. Once discovery, investigation and pretrial motions are completed, the defense will file an answer and the case is set down for trial. At anytime during this period, negotiations may take place between the prosecutor and the defense attorney.
QUESTION: How do I get my police records/court records (and the like)?
ANSWER: Most police records are considered discoverable material for your attorney. An attorney can use the power of the subpoena and the pre-trial discovery stages to get such information. The court file is of public record and can be obtained by anyone in the general public. The court file does not necessarily have everything that a defense attorney would want in preparation for a jury trial.
If you are not charged with a crime or are just curious about seeing your criminal record, you may be able to order a copy of your criminal record from the department of justice. Be wary of private search firms that often provide this service, the only official record is the record maintained by the State.