Common Criminal Defense-Related Questions


If a criminal lawsuit is brought against you for a serious offense, the chances of your acquittal, charge getting dropped or punishment lessened largely depends on the attorney’s ability to navigate through the entire criminal justice procedure. This write-up gives an overview of the criminal justice system with a set of questions and answers.

Should I Talk To The Police?

You should avoid signing anything or even making a statement. You may or may not know if the police are probing your case. The investigation officer may ask you to come to the police station and demand your statement. You should not give any statement before taking advice from your criminal defense attorney. A good lawyer can meditate on your behalf. Therefore, talk to the professional for valuable information and guideline that may see the charges not filed against you.

Most importantly, a lawyer can answer all questions related to your case and prevent you from issuing a statement. Giving a statement without a lawyer’s advice may result in a devastating impact on your case as it may be used by the District Attorney against you during the trial.

Can Police Make An Arrest Without Any Evidence Of My Guilt?

If they can only if the police have convincing reasons (probable cause) to believe that you are the culprit. On the ground of probable cause, they can make an arrest in several ways:

  • The police can make a legitimate arrest. If you have been arrested and are in custody, your arraignment must take place within 48 hours.
  • The police may ask you to surrender yourself voluntarily at the police station.
  • If the police are convinced that you won’t escape the area, your case may be submitted to a District Attorney’s Office who will issue you a letter via mail asking you to make an appearance for arraignment.

What Actually Happens At An Arraignment?

Your primary arraignment will be when you first appear in court regardless of whether or not you are in custody. Your lawyer will receive the complaint that states the charges filed against you as well as any police report related to your case. If you have been taken to custody, there is an opportunity for your lawyer to argue bail.

What Does It Mean By Preliminary Hearing?

If you are slapped with a charge of felony,  a preliminary hearing is likely to be your next appearance. The judge will decide at preliminary hearing whether or not there are reasons (probable cause) to believe that a criminal offense has actually happened and if yes, if or not you have perpetrated the crime. Your Orlando criminal attorneys will make use of the preliminary hearing to argue the evidence against you, take note of the key witnesses’ testimony and figure out inconsistencies in the case developed and presented by the District Attorney.

What Is Supposed To Take Place After The Preliminary Hearing?

If the judge figures out that evidences are not enough to believe that the defendant has perpetrated the crime, your case will undergo a trial in the appropriate court.