Frequently Asked Questions
Memphis Criminal Lawyer
Our firm is dedicated to providing excellent representation for our clients.
We believe that this stems from focusing on exemplary client service and
education. There are many issues pertaining to criminal charges that may
be a mystery to you, and because of this, we offer this information as
a means to have some basic questions answered regarding your situation.
If you have further questions, then do not hesitate to contact our firm
for a free case evaluation to get the answers you need.
I have been arrested. Now what?
The first thing you must do is remain silent. According to the Fifth Amendment,
you have the right to remain silent; any information that you give could
possibly be detrimental to your case and held against you in court. You
must also seek legal representation as soon as possible to begin building
a strong defense of your case.
The police officer says that it will go better for me if I confess. Should I?
No. It is true that a deal may be worked out in exchange for a guilty
plea in some cases; however, it is also important to know that police
officers can lie to you in order to elicit information or a confession.
With this being said, it is crucial that you do not confess or deny anything
until you can speak with a legal representative.
The police are asking to search my car. Should I let them?
No. As a U.S. citizen, you have rights to protection from unlawful search
and seizure, which means that officials must have your consent or a warrant
in order to search your person as well as places such as your car, home,
Will I go to trial?
Depending on your case and the way that your attorney approaches the case.
If you and your attorney are able to reach a resolution through negotiations
before trial, that you may not have to go to court. But if a remedy cannot
be reached than you will have to go to trial. There are times that a case
is dismissed before trial so there is a chance that your will not have
to appear in court.
Do I need a lawyer?
If you have been charged with a crime or are being questioned by the police,
then you need a lawyer. In order to fight for your rights and you have
a right to counsel. Do not try to fight against your charges alone, team
up with a skilled Memphis criminal attorney from our firm for assistance
in your case.
Do the police need a warrant to make an arrest?
Police do not necessarily need a warrant for an arrest. As long as they
have "probable cause" or good reason to believe that you committed
a crime, they can make an arrest. There is an exception to this; however,
and that is if the person is at their home and it is a nonserious offense.
As long as there is no risk that the person can destroy evidence or harm
the public, they cannot be arrested in their home without a warrant.
If I am arrested, do the police have to read me my rights?
Many people believe this to be true, but they do not actually have to read
you your rights. If they start to question you; however, and have not
read you your rights then they cannot use what you say as evidence at
trial. For them to use what you say as evidence against you in trial,
they must read you your "Miranda" rights, which include rights
to remain silent, right to a lawyer, etc.
Can I be arrested for drunk driving if I only had one drink?
Drunk driving is not determined by the amount of drinks that you consume.
The determination of driving under the influence is made by testing the
Blood Alcohol Concentration (BAC) of the driver. If you had a BAC of .08%
or above then you may be charged for driving under the influence even
if you only had one drink.
What is the difference between a misdemeanor and a felony?
Felonies are more serious convictions than misdemeanors. Generally, the
distinction is made based on the potential penalties of the crime. A crime
is usually charged as a felony if it is punishable by a year or more in
jail while a misdemeanor is commonly punishable by one year or less in jail.
What is the role of a grand jury?
The grand jury makes the decision if there is enough evidence to indict
a suspect and pursue in the criminal proceedings. Indictment is the process
of charging a suspect for a crime and the grand jury will decide if there
is sufficient evidence to do so. They do not make guilty or innocent decisions,
just determinations regarding evidence in a case.
What is restitution?
A criminal sentence may include restitution for the victims involved in
the case. Restitution is a payment made to the victims for the losses
they have suffered. It can include damage to property, medical costs,
funeral costs, etc. This is a way to compensate the victim for their pain
What is the role of a prosecutor?
A prosecutor represents the federal or state government in a case. They
are the attorney arguing against the defendant. They have the duty to
punish people who have committed crimes but also to act fairly when in trial.
Retain our services today!
Our legal team understands the various emotional hardships that you may
be experiencing. Not only do we work to provide you with a strong defense
of your case but we also take the time to educate you regarding the situation
so that you are not plagued by unnecessary fear regarding the future.
Call a Memphis criminal attorney to retain our legal services in your criminal case today!