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