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Frequently Asked Questions

The most important time in your criminal case happens before you even reach a courtroom. Understanding the criminal process, your rights, and what to do when, where, and how can make or break your case.  If you or someone you love has been contacted by the police regarding an investigation, arrested, or charged, it always helps to speak with an attorney.

Below are a list of frequently asked questions that I received through email or the phone, this is my response:

 

The police have called and said that they just want to ask a few questions and that I am not a suspect, what do I do?

Call a lawyer.   Always have an attorney present during any interaction with the police, even those that appear harmless.  Police are legally allowed to lie to you during an interrogation in order to get a confession. You can be 100% innocent and accidentally place yourself at a crime scene or surrender information that makes you look guilty just by how they ask questions.  Your memory is not perfect and neither are the police.  I cannot emphasize this enough to people: nothing good ever comes from speaking with police without your attorney. 

The police have said that if I cooperate with them and refuse a lawyer, they’ll go easy on me.  Is this true?

No.  I am a former attorney at the Clark County Public Defender’s Office and can tell you right now that the only person who has any say in your charges is the district attorney.  That is a tactic often used by the police to get a confession out of you.  It is their job to appear nice, friendly, and on your side so that they can get the most evidence out of you without the benefit of an attorney protecting your rights.

Do I need a criminal attorney?

It is during the period when the police are investigating you that you get the most out of your lawyer. Not only can they prevent you from accidentally saying something that will incriminate you, but also they ensure that your rights are being protected.   The lawyer will force them to also investigate evidence that favors your innocence and can be the one steering the conversation to protect you.

Is it ever okay to speak to the police alone?

No. See above.

It’s “just pot” do I really need a lawyer anymore?

Any charge, especially for an activity that may raise its head again, requires a lawyer to assist in getting the charges reduced or dismissed so that you have no criminal record going forward.  Judges don’t appreciate seeing the same individuals in their courtroom repeatedly, and employers may not feel the same about “just pot” as you do.

My _________has been arrested.  What is the bail process and how much will I need to bring?

Bail is an insurance policy, of sorts, that the defendant will show back up if released.   How much bail depends on the charges you are facing.  Not all cases require bail. Call a Bail Bonds Company to find out their fees and what fees (if any) are returned on completion of your case.

What is the difference between a misdemeanor and a felony?

A misdemeanor is by definition “a lesser criminal act,” that is punished through fines and jail time of less than a year.  Examples are possession of pot, solicitation, and shoplifting.  A felony is a serious criminal offense that is punished through jail or prison time of over a year to life, and fines upwards to several thousand dollars.  Most violent crimes are felonies, as well as, major theft crimes, drug trafficking crimes, and sex crimes.

Bottom Line

Don’t be stupid, keep your damn mouth shut and Call Kuzemka Law Group NOW!