CRIMINAL CASE EXPLAINED
I consider myself a devout Christian and a responsible member of the society, as such this article is not intended to allow a person to commit a crime and get away with it. Rather, this article is to better inform you and shed some insight into a subject that may very well affect you or someone you care about someday.
From time to time, we all make mistakes in life and sometimes what we do or do not do, albeit unintentionally and/or unknowingly, may amount to a criminal offense (such as drinking a bit too much and driving, getting into a minor physical altercation, not following the rules of a private business, etc.)
Avoid Getting Arrested
If you are being accused of a crime either by a police officer, a security guard or a private citizen and you think you did violate the law, then you should consider the following to avoid getting arrested:
1) Never admit that you did something wrong (if the police ever pulls you over, most likely the first question he or she may ask you is “Do you know why I pulled you over?”). Because once you admit that you have done something wrong, the police officer's job is done and you will face the penalty of your wrongdoing.
2) You have the constitutional right not to make any incriminating statements and the right to have a lawyer to protect you at all stages of the criminal proceedings (it is always a good idea to say “I do not want to say anything to you and I want to speak with a lawyer.”) You will not be forced to make any statement (the police may trick you into saying something though).
I make every effort to answer my cellular phone ( 619-852-4800 ) at every chance I can, day or night, because of this type of situation.
If You Are Going to be Arrested
If you have committed a crime, then you will most likely be arrested, whether you talk to the police or not. But if you do talk, then whatever you say will most likely be used against you (you will be surprised how many people tell the police that they only had 2 beers). Again think before you talk, better yet call your lawyer.
In spousal battery cases, many people tell the police that they slapped the victim lightly or kicked them only once. Lightly or not, once or more, spousal battery is spousal battery. Usually any type of unwanted touching will constitute spousal battery and a person will be arrested.
In shoplifting cases, do not offer to pay much more money than the item is worth after being caught as the retailer will call the police whether the item is worth $2 or $200.
If You Are Arrested
If you are arrested, then you will be taken to a jail and within hours, either you will be released (such as most DUI cases) or you will have to stay in jail unless a bail is posted on your behalf (spousal battery usually requires $15,000 bail or more).
What is Bail and Bail Bond?
Bail is a deposit of money or other assets, such as stocks, bonds or real estate (like your house) to make sure that you will come to the court when required. If you make all your court appearances, then the bail money will be returned to you.
Many people think bail can only be satisfied by purchasing the bail bond (usually by paying 10% of the bail amount), but once you purchase the bail bond you never get that money back. You or your family should contact a lawyer before purchasing the bail bond to see if you can save money.
Resolving the Problem
The most important goal of every criminal lawyer is to have his or her client's case dismissed . Unfortunately, the goal of every prosecutor is 100% conviction rate. The prosecutors take their jobs very seriously and they will not dismiss the case unless there is a strong reason that they will not win at the trial.
Only about 5% of the criminal cases go to trial, and most are resolved through plea-bargaining (the prosecutor and the lawyer make a deal). Some lawyers, including myself, love to go to trial but unfortunately very few cases can be won at trial and clients usually do not want to pay the expensive attorney's fees for trying the case.
