Questions are a normal thing after an arrest. You may have questions about where to turn, where to go and what your future may hold. Family members of those who have been accused of a felony or misdemeanor are likely to have concerns as well. I strive to provide quality service to my clients and their families, no matter what circumstances they are facing. In this particular area, I will shed some light on the important issues that many people may have regarding their arrest and their futures.
What is an arraignment?
After you are arrested, you will face an arraignment. This is the first official beginning of your criminal case. During an arraignment, a judge will inform you of the charges you face, your Constitutional rights, if you are up for bail or Own Recognizance release and you are often allowed to plea either guilty or not guilty.
What is a preliminary examination?
Accused individuals have the right to a Probable Cause Hearing. During this hearing, the prosecuting party must prove that the case has merit to proceed. Evidence against the accused individual is presented during this hearing and the defense attorney will challenge the prosecutor. At this critical point in a case, my firm has been able to win a probable outcome for the client based on strong defense and evidence.
What does the Fourth Amendment mean to me and my case?
The search and seizure portion of our Constitution is put into place to protect American citizens from unwarranted search and seizure of their property without probable cause. There are times when a police officer will detain a person or wrongfully develop a “reasonable suspicion” to inspect or arrest a person, directly violating their Fourth Amendment right. If you feel that you have been wronged, it is important that you contact an attorney.
What are the major differences between a misdemeanor and a felony?
Typically misdemeanors are more minor crimes that require a lesser punishment. Consequences that involve less than a year of imprisonment are commonly misdemeanors, while charges with more than a year imprisonment would be felonies. There are certain offenses that can go either way and are left up to the prosecutor to decide whether they want to charge it as a misdemeanor or felony. For any criminal action that is only punishable by a fine, it is usually just an infraction and neither a misdemeanor nor a felony.
Am I really innocent until proven guilty?
Yes. This is called a “presumption of innocence” which all individuals have when they are accused of criminal activity. This means that the prosecutor must prove to the judge that the individual in question is guilty. If you have been charged, you do not need to prove your innocence, but rather it is up to the prosecution to find fault. Should they fail to do so, your charges will be dropped. It is always wise to have a San Jose criminal lawyer at your defense, just in case the prosecution tries to pull out witnesses of compelling evidence.
If I have been arrested for a DUI, why do I need to contact the DMV?
Within 10 days of your initial arrest, you must request an Administrative Hearing to help protect your driver’s license. At this hearing, you or your attorney can seek to have your license suspension revoked. If the court agrees to this, you will not have to worry about being without driving privileges for potentially up to 3 years. It is highly recommended that you have a DUI attorney at your side at this hearing as they will be able to best understand your case and defend your rights.
Where do I go from here?
After an arrest, it is imperative that you fully understand all the charges and penalties that you may be facing. Your future depends on obtaining a strong legal defense. It is highly recommended that you contact an experience criminal defense attorney to help you investigate the charges, gather necessary evidence and build a reliable defense.
Do I need an attorney?
Yes! You should never face the criminal justice system alone. There are unfortunate circumstances where innocent people are wrongfully arrested and even “guilty” people are charged incredibly harsh. The best thing that you could do for yourself and your future is to contact an attorney as soon as an investigation is imminent or an arrest takes place.
Work with Edward N. Ajlouny, Attorney at Law
Are you ready to defend your rights? I am Edward N. Ajlouny, Attorney at Law and I am here to help you. My firm has been in practice for 17 years and I am proud to represent those facing felony and misdemeanor charges. No case is too much or too little for me to handle. I will never take no for an answer and will fight to defend your freedom. Contact a San Jose criminal defense lawyer at my firm today for a free case evaluation and to get started on defending your rights.