Common Questions About Criminal Defense

Our attorneys understand that the criminal defense system is complicated. It can be hard to understand your rights and options, but we work hard to help our clients comprehend the law and how it applies to their specific situation.

Below are a few questions we commonly hear from our clients:

What Should I Do If I Am Arrested?

Remain silent. Do not speak to the police. Exercise your Fifth Amendment right to remain silent. No matter what a police officer promises or possibly threatens you with, you are never required to speak to the police. Next, you should immediately contact a criminal defense attorney. A criminal defense lawyer can explain the law, look into your case, find your options, build a defense, guide you through the legal process, and protect your rights.

There is great danger in not having professional advice from someone with specific knowledge, experience, and expertise in criminal defense to protect you and to ensure the best possible outcome. Only an experienced criminal defense attorney intimately familiar with criminal law, the justice system, the Rules of Court, and the Rules of Evidence can provide you with meaningful advice, answers and guidance.

Can I Get The Charges Against Me Reduced Or Dropped?

In many cases, you can. Before you make any decisions about whether or not to accept any type of plea offer by the prosecution, you should have a criminal defense attorney thoroughly investigate the particular facts and circumstances of your case. Your attorney may be able to use information discovered as a bargaining chip to negotiate with the prosecutor for either a reduction or dismissal of the charges against you.

Shouldn’t I Just Plead Guilty To DUI If My Breath/Blood Alcohol Test Results Were Over The Legal Limit?

No. High BAC test results often have no relevance in formulating a winning defense. For example, if the officer violates your Constitutional rights by stopping your vehicle without a legally sufficient cause, the court must suppress all evidence seized subsequent to the stop, including the blood or breath test results.

Mistakes can occur during chemical tests, and only someone familiar with DUI cases can uncover them by closely examining the testing process and results. Alcohol tests aren’t always accurate. In DUI cases, errors in procedure, faulty equipment, or incorrect testing methods can happen. If you plead guilty based solely on test results, you might miss the opportunity to have the charges reduced or dismissed.

What Are The Differences Between Probation And Parole?

Both probation and parole are ways for convicted persons to live outside of jail while under some form of supervision. At sentencing, a judge might choose probation instead of jail. This happens when the crime shows the person is not a danger to society and jail isn’t the right punishment. The offender may live in the community freely but must follow certain rules and conditions during the probation period, such as reporting to a probation officer, participating in rehabilitation programs, or maintaining employment.

Criminal offenders on parole leave prison to carry out the remainder of their sentence in the community. Those out on parole must follow certain terms and conditions, such as living within state or county lines, meeting with a parole officer on a regular basis, or submitting to a drug and alcohol test. Authorities can revoke probation and parole if the offender commits a crime or violates the conditions of his or her release in any way. If authorities revoke probation or parole, the offender could serve time in jail.

What Is An Arraignment?

An arraignment serves as the first formal proceeding after prosecutors file criminal charges against an accused person. During an arraignment, the Court advises the accused of his or her legal rights. Typically, the following will occur:

• The Judge will ask the accused if he or she wants the charges read and explained to him or her. A formal reading is almost always waived because the accused usually understands the charges.
• The Judge will advise the accused of the potential penalties he or she is facing if convicted of the crime(s).
• The Judge enters a not guilty plea on the accused’s behalf.
• The Judge inquires whether the accused intends to obtain a private attorney or apply for a public defender. If applying for a public defender, the Judge will direct the accused on how to apply.
• The Judge advises the accused of the next court date.

If you have further questions regarding criminal law in New Jersey or Pennsylvania, please do not hesitate to contact Wilhelm & Roemersma, P.C., at 908-454-3200. Our attorneys will assist you in any way that we can.