Criminal Law FAQs
How do I get an arrest record expunged?
- file a motion seeking expungment to start
How far back does a criminal record gather information?
- generally 18 unless serious or violent felonies
What is the general process of a domestic violence court case?
- depends if it is felony or misdemeanor, but arraignment, pretrial, trila, and sentencing
What is the penalty for driving with a suspended license?
- fine to suspension depending on underlying suspension
Does a blood test for alcohol percentage also detect drug percentages?
- yes
Are there different levels of DUI/DWI?
- same levels
What is the general court process after being charged with a DUI/DWI?
- arraignment, pretrial, trial and sentencing
What are the general differences between state and federal criminal charges?
- generally the jurisdiction
What is the general length of time a person can be held in custody?
- 72 hours
What is the general process of testifying before a federal grand jury?
- you will be asked to appear, then appear, and answer questions to a specific crime
Are officers required to read a person they are arresting their Miranda rights?
- yes
What is the general process of filing a restraining order?
- fill out the forms, and file with court, go to court judge signs order , law enforcement agency enforces it.
What is a felony?
- involving violence, regarded as more serious than a misdemeanor, and usually punishable by imprisonment for more than one year
What is a misdemeanor?
- a minor offense and generally requires no more than a fine, a year in prison, community service, or probation
What is the difference between probation and parole?
- probation is in lieu of jail, and probation is a release from custody
What should I do if I have been charged with a crime?
- contact an attorney as soon as possible
What happens once I’m convicted of DWI or DUI?
- loss of license, fine, possible jail time, and classes
Should I talk to the police after an arrest?
- no anything you can be used against you
Am I allowed to move if I am on probation or parole?
- You will have to get your probation or parole moved from one state to another.
Do I need a criminal defense attorney if I am not guilty?
- yes so you can protect your rights