Your Basic Human Rights To Freedom
Criminal Law Tips For You
- Never consent to a search of your house or car.
- Never give a statement to the police without your lawyer present.
- Never blow in the breath test machine for dwi.
- Be courteous on a traffic stop-provide driver's license, proof of insurance and registration papers- nothing else.
Remember once you are arrested you have a right to remain silent.
REMAIN SILENT. CALL YOUR LAWYER. TALK TO NO NONE
After an arrest you will appear before the Magistrate Judge within 72 hours usually who will make a finding of probable cause and set a bond.
There are several ways to bond out of Jail. A commercial surety bond thru a bonding agency, usually 12% of the bond amount, which is NOT refundable. Next someone can put up their house as security to get you out of jail, a property bond. This means you must appear in Court when needed or they could lose their house.
Sometimes the Court will allow you to bond out of jail on a PSU, or personal security bond. The Court trusts you enough to let you out but someone else guarantees your reappearance or they must pay the bond amount.
Last is the ROR bond usually for small minor offenses where the Court allows you to bond out while trusting that you will return.
At arraignment the charges will be read to you and you should plead not guilty. Shortly after that there will be motion hearings, motions to suppress, motions for preliminary examination and motion to quash. These are all fact finding methods for the defendant to learn more about the State's case.
Motion to Suppress - A Search Warrant
Generally a warrant outlining probable cause signed by the Magistrate is needed to search your person, places and things. In Court, one must attack the facts presented to the Duty Judge who signed off on the warrant.
Motion to Suppress - Warrantless Search
Plain view, exigent circumstances, consent are all exceptions to the general rule that a warrant is needed to search. No warrant here so one must attack the facts and credibility of the officer.
Motion to quash
Based on legal issues which can strike the criminal charge down.
You have a right to a jury trial on certain felonies. You can select to be tried by the Court instead. Most offenses are tried to the Court. A decision as to Jury vs. Judge trial requires experience, knowledge of the Court system, the jury venire, the Court itself, and considerable searching with you and your lawyer as to the best method.
Your Rights At Trial
Presumed not guilty-STRONG PRESUMPTION State must prove your guilt beyond a reasonable doubt. You do not have to testify and the State can not hold that against you. You do not have to put on any witnesses. The burden is on the State to convince the Jury of your guilt. Most juries verdicts require 10 out of 12 to convict.
Remember The State Wants To Take Away Your Freedom!
Hire An Experienced Criminal Trial Lawyer
Call Greg Noto at 504-279-6686
I Will Help You !!!!!!!!!