criminal defense frequently asked questions
The Police are calling. What do I do?
If you are under investigation or suspected of committing
a crime, CALL OUR OFFICE. Mr. McDaniel can speak to the
Police for you. You are under no obligation to talk to the
Police.
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The Police are at my door. Do I have to let them in?
If the Police are at your house, CALL OUR OFFICE. Unless
the Police have a search warrant, you are under no
obligation to allow their entry.
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There is a warrant for my arrest or I've been
arrested. What do I do?
If there is a warrant for your arrest, CALL OUR OFFICE. We
can guide you through this process. You will need to
contact a bonding company . If you have been arrested, a
bond company can bond you out of jail. If you have not
been arrested, the bond company can post a bond for you
and possibly shorten the booking process at jail.
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What happens in Court?
After arrest, you will be scheduled for an Arraignment. At
this short hearing, you will appear before a Judge and
formally be advised what the charges are against you. Your
bond may be reviewed and a Plea of Not Guilty will
typically be automatically entered in your case. At your
next court date, Mr. McDaniel will be given the
opportunity to speak with a Prosecutor (Attorney for the
State, City or entity filing the charge against you) to
discuss the charges filed against you. At some point, Mr.
McDaniel will be given the opportunity to review the
evidence in possession of the Prosecutor. Mr. McDaniel
will then evaluate the strength or weakness of the charge
against you and discuss your options, which typically
involve entering into a Plea Agreement with the Prosecutor
or setting your case for a Trial, where the Prosecutor
must prove your guilt beyond a reasonable doubt.
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Do I need a Lawyer?
Absolutely. Whether it is a case in Municipal Court like a
bad check or traffic ticket or a case in County or
District Court, lawyers will not only protect your
constitutional rights, they will also advise you of your
options and the consequences of your actions.
For instance, many people do not realize that paying a
fine for a traffic ticket or bad check will result in a
conviction. A lawyer may be able to help you avoid
receiving a conviction.
Note > some counties will allow you to talk to
the Prosecutor yourself. THIS IS BAD. It is my
opinion that you should never speak to a Prosecutor
without a lawyer present. A Prosecutor is not there to act
in your best interest. They are there to prosecute you.
Anything you say to a Prosecutor can be used against you
in court. A lawyer will be able to explain to you what
your options are and what the consequences of your actions
are.
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