You Think You Are About To Be Arrested. Now What?

by: Tony Merlino

If you are being charged with a federal offense the US attorney for your jurisdiction will be prosecuting the case. However, most criminal cases are prosecuted by the state. If the offenses are proven, you may be facing jail time. Civil cases by comparison are resolved by individuals and usually do not involve incarceration.

If you are facing serious criminal charges and your freedom lies in the balance you need professional advice and you need it quickly.

Here are some of the things you need to know.

The Fear Factor

Facing a serious criminal charge is a frightening ordeal. This is not the time to, "fall to pieces". In fact, at this point it is critical that you become clear headed and get direct answers to your questions.

Just a note here about your fears:

In the face of fear, there is no knowledge. In the face of knowledge, there is no fear.

Your lawyer's job is to provide the knowledge to remove your fears. So, choosing your lawyer wisely is critical to your future.

It is extremely important that you retain an attorney with proven experience in serious criminal matters. Doing so is the prudent way of staying out of jail or avoiding a long prison term. You should consider asking yourself a few questions before retaining a criminal lawyer.

Who - What - When - Where - How - and Why

Sound familiar? Well, they are "Action Verbs" They are also the "Action Questions" you need to ask your lawyer so that you can obtain the "knowledge that will alleviate your fears", so you can face this ordeal in a clear and clam state of mind.

Let's get down to business!

When it comes to your case, the What, When, Where, How and Why must be answered by the attorney to your satisfaction. But the big question is who.

Your criminal defense attorneys should be experts in "serious criminal matters". Their past criminal representations should include investigating and defending both State and Federal violations in the area of concern to you.

You must take control of the attorney hiring. Ask them for a list of cases they have defended in the past. Here is a list of some of the benefits you should expect when you choose your criminal attorney.

Free Initial Consultation

Strict Privacy

Personal case management

Attention to detail

Achieving the best possible outcome - to your case based on the circumstances.

Doing everything legally possible - to protect your rights, insure fair treatment and give you the best possible defense.

Your criminal defense attorneys should carefully review the details of your case.

They should interview you to learn the facts from your perspective.

They should determine which course of action is most likely to produce a favorable outcome.

They should evaluate the extent and severity of your case and fully explain all of the possible ramifications.

Once you retain the attorney's services, all documents records and evidence related to your case should be analyzed. Only then can a course of action will be recommended.

If you plead "Not Guilty" and go to trial, every piece of available information must be uncovered to assist you in proving your innocence.

Typically, criminal cases prevail on the strength of evidence presented and testimony from witnesses. Both the evidence and the witnesses need to be scrutinized to insure that your case is viewed in the most favorable light.

Is It Necessary To Go To Trial?

Your case should always be prepared "AS IF" it indeed will be necessary to go to trial. If a trial can be avoided and a satisfactory resolution is achieved prior to trial, everyone leaves happy.

However in case a trial is necessary your attorney should be expertly prepared to defend the charges by utilizing all of the legal resources at their disposal.

Your case is important and should NEVER be treated as a "run of the mill" criminal case. In order to reach a fair and equitable outcome for you, it is necessary to bring forth an expertly prepared defense.

Your criminal defense attorneys and their team must be prepared to gather, compile and analyze all available evidence to help prove your position.

This is called the "discovery phase". During this phase your attorney and the members of the team will conduct depositions of witnesses and exchange written information with the prosecuting attorney commonly known as interrogatories.

This is also known as the "Pre-Trial Phase" of the case. Many charges are reduced or resolved during this period, which can take several weeks to several months depending on the type of case.

Once the pretrial discovery phase is complete your case will be scheduled for trial. There could either be a jury trial or a judge can decide your case if all parties are in agreement.

What Evidence Will You Need To Provide?

The short answer is, whatever evidence you have and all that you can think of to help your attorneys win your case. When you have been charged or think you may be charged, it is important that you remember and safeguard anything favorable to your defense.

Trials are won and lost by the quality of evidence your lawyer is able to present. Take good care of your evidence.

Be sure to keep it in a safe place or turn it over to your attorney for safekeeping.

What To Do Now

It's been said, "Nothing Changes Until Something Moves" and it's YOUR MOVE!

Get in contact with a qualified, recommended and properly credentialed criminal attorney.

You Have Nothing To Loose If You Take Appropriate Action... And Everything To Loose If You Don't.