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

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