Frequently Asked Questions about Criminal Defense

Presented by the Inland Empire Criminal Defense Attorney McDonald

What are a person's rights before being arrested?

A person has the right to remain silent. This ensures that he or she will not incriminate himself. The person also has the right to be free of "unreasonable search and seizure," though this right is accompanied by exceptions and regulations. He or she also has the right to an attorney, which anyone facing criminal charges should exercise.

When do I need a lawyer?

If you are under a criminal investigation, being questioned by law enforcement officers, of if you are charged with a crime, you need a criminal defense attorney. If convicted of a state or federal offense, you face fines, incarceration, probation, community service, or other penalties. A criminal conviction will remain on your record, which may cause you to have difficulty in getting employed, leasing an apartment, or getting student loans. If you have previous convictions, these may be used to increase your penalties. In some cases, previous convictions may cause a current misdemeanor to be charged as a felony.

 What is the difference between a felony and a misdemeanor?

Generally speaking, a felony is a crime that is punishable by a year or more of imprisonment. Misdemeanors are lesser offenses and are punishable by less than a year imprisonment.

When will the police get a warrant to make an arrest?

When the police have probable cause, meaning they have enough significant belief that a person committed a crime, they will get an arrest warrant.

What if The Police Want to Search my Car or My House?

There only two ways the police can get into your personal space, such as your car or home.  It the police want to search your car, they must first have "reasonable suspicion" that you have committed a crime that justifies searching your car.  They can't just search your car or your person because they have pulled you over!  The will usually ask for consent to search your person or car.  Always tell them "No!"  If you give consent, they can search and your lawyer will not be able to have the evidence they find thrown out due to an illegal search.  When you say "No" after the police ask to search your car, ask them to then write in the police report that you did not consent.  Lots of cases are made based upon what the police find in your car.

Your home is your castle!  Never, never consent to let the police inside for any reason.  Once they are inside, they will claim they found all sorts of incriminating evidence.  Greet them outside, then demand a warrant.  Except in some unusual cases, the police can not ever come inside your house, or yard without a search warrant.  Don't open yourself up to prosecution because you let the police inside your home.  To get a search warrant, the police have to have quite a bit of evidence, and then a judge has to sign the warrant.  If the warrant is not properly put together, I can have the warrant and all of the evidence along with it, thrown out. 

If the police question me, how can I defend myself?

You tell them that you are pleading your Fifth Amendment right to remain silent. The police have no right to make you tell them anything.  You ask to have an attorney present when questioned. If you are harassed by a police officer after you have told them you won't speak without an attorney, your civil rights may be violated and this may cause any case against you to be dismissed. Talk to the San Bernardino criminal defense lawyer at our firm to learn more.  Never, under any circumstances should you agree to be interviewed by the police!  Most convictions are the result of what you tell the police during an interrogation.  Simply say "I want to talk to a lawyer!"  Don't say another word.