Law Offices of
If you are arrested or facing any charges, it is always best to contact your lawyer immediately. The charges that you may be facing could be serious enough to warrant jail time. The sooner you contact your lawyer the better prepared he can be for your defense. Below are a few frequently asked questions that people should know. For more information, contact our office at (910) 739-8961.
What is an arrest?
When you are arrested, you are taken into custody. In this instance, you are not free to leave the scene. Without being arrested, you can be detained, however, or held for questioning for a short time if a police officer or other person believes you may have been involved in a crime.
Do I have to answer police questions if I have been detained?
Whether you are arrested or detained, you do not have to answer any questions except to give your name and address, and to show some identification if requested.
Once my rights have been read, do I have to answer any questions?
You can be questioned, without a lawyer present, only if you voluntarily give up your rights and if you understand what you are giving up.
When can an officer search me, my car or my home?
Body Searches: If you are arrested, an officer can search you - without a warrant - for weapons, evidence, or illegal or stolen goods.
Car Searches: Your car and trunk can be searched without your consent or a warrant if an officer has good reason to believe that it contains illegal or stolen goods or evidence.
Home Searches: In emergencies, such as when an officer may be trying to prevent someone from destroying evidence, your home can be searched without your consent and without a warrant.
What is considered sexual assault or sexual abuse?
Sexual assault, in most states, includes any type of unwanted physical contact with any sexual organ.
Are the rights of a juvenile the same as an adult?
Yes.
Can a juvenile be tried as an adult?
Only in extreme cases such as murder, kidnapping, arson and rape will a juvenile be tried as an adult.
Do you have to surrender your rights when you are charged with a drug crime?
No, however you do need a skilled attorney there to protect your rights.
Can you go to prison if it’s your first offense?
Yes, persons can be sentenced to prison even for a first drug offense.
What are misdemeanor crimes?
Misdemeanors are usually punishable by a fine of $1000 and a county jail term of one year or less. These crimes include: petty theft, prostitution, vandalism, driving under the influence, simple drug possession, and simple assault and trespassing.
What constitutes a felony?
Felony crimes are more serious and punishable by a state or federal prison term. These crimes include: murder, commercial and residential burglary, possession of controlled substances, possession of controlled substances with the intent to sell or transport, robbery, rape, assault involving force or injury, battery, criminal threat, and child molestation.