FAQs:
- What do I do if the police want to question me?
- What happens if I am arrested?
- Can they use force to arrest me?
- What is a search warrant?
- What is probable cause?
- If a police officer knocks on my door and asks to search my home, do I have to let the officer in?
- What if I agree to the search?
- What is the Plain View doctrine?
- If I am arrested, can the officer search me?
- What is bail?
- What happens at a bail hearing?
- What will happen at a preliminary hearing?
- What happens at an arraignment?
- Do I really need a lawyer for this?
- Will they press charges? When?
- How do you arrange bail or bond?
- What are your rates?
- Do you accept credit cards & are payment plans available?
- Why should I choose you to represent me?
What do I do if the police want to question me?
You should always contact a lawyer before speaking with the police, even if you do not think you have done anything wrong. A lawyer can find out what the police want to talk to you about and can advise you before you make any statements to the police.
What happens if I am arrested?
If you are arrested for breaking a criminal law, the case is taken before a judge who may issue a warrant if necessary and set bond for appearance in court. If the defendant cannot post the bond he may be incarcerated pending appearance in court. If bond is posted, he will remain free pending appearance at an arraignment. A preliminary appearance usually occurs within 24 hours of the arrest or the first date available if on a weekend or holiday. A date is set within 72 hours for the prosecuting authority to make a decision on filing charges. If charges are not filed within 72 hours, the defendant will be released and any bail or bond will be exonerated. If charges are filed, an arraignment date will be set within 14 days. The arraignment is held before a judge of the court. During the arraignment the defendant is formally told what offense he/she is charged with, told his/her constitutional rights, and of the possible penalties. The defendant will enter a plea of guilty or not guilty, bond may be reviewed, and a date for the next hearing will be scheduled.
Can they use force to arrest me?
A police officer may use as much force as is necessary to arrest you. Unreasonable force is assault. After arrest, a police officer may handcuff you if you attempt to escape or the officer considers it necessary to prevent you from escaping. If you claim that force was used to arrest you, a judge will decide whether or not the force used was reasonable under the circumstances.
A search warrant is an order issued by a judge that authorizes police officers to conduct a search of a specific location. Before a search warrant may be issued, there must be a showing of probable cause.
This is a difficult one. There is not a bright-line rule establishing precisely what is and what isn't probable cause. However, what has become apparent is that a finding of probable cause requires objective facts indicating a likelihood of criminal activity. A police officers hunch, with nothing more, will not satisfy the requirements.
If a police officer knocks on my door and asks to search my home, do I have to let the officer in?
Unless the officer has a warrant, you are under no legal obligation to let the officer search your residence.
What if I agree to the search?
If you voluntarily consent to a search of your home, automobile, or person, the officer can conduct a full search without a warrant. Anything that the officer finds can later be used against you in court.
What is the Plain View doctrine?
Police officers do not need a warrant to seize contraband that is in plain view, that is he or she can see it, if the officer is in a place that he or she has a right to be.
If I am arrested, can the officer search me?
Yes. Police officers do not need a warrant to conduct a search after making an arrest. After making an arrest, the officer can legally search the person being arrested and the area in the immediate control of the person.
Bail is money or other property that is deposited with the court to ensure that the person accused will return to court when he or she is required to do so. If the defendant returns to court as required, the bail will be returned at the end of the case, even if the defendant is ultimately convicted. However, if the defendant does not come to court when required or violates his or her bail conditions, the bail will be forfeited to the court and will not be returned.
What happens at a bail hearing?
The accused is brought before a judge when an arrest for a violation of a criminal law. The judge will conduct a pre-trial bail hearing.
What will happen at a preliminary hearing?
A preliminary hearing is an examination of the charge against the accused. The prosecutor must present evidence that prove that it appears that an offense has been committed and that there is probable cause to believe that the person accused committed it. The accused may present evidence if he or she wishes.
If the judge makes a finding of probable cause after hearing the evidence, the accused may be held or required to post bail or bond in order to be released. The case is then reviewed by the prosecutor for filing of charges.
If the judge does not find that it appears that an offense has been committed or that the accused is likely the person who committed an offense, the accused is discharged and the charge is dismissed. If the accused is discharged and the charge dismissed after a preliminary hearing, the prosecutor may have the police conduct additional investigation and charges may still be filed after this further investigation.
What happens at an arraignment?
You have the right to be arraigned without unnecessary delay after being arrested. You will appear before a judge who will tell you officially of the charges against you at your arraignment. At the arraignment, an attorney may be appointed for you if you cannot afford one, and bail can be raised or lowered. You also can ask to be released on personal recognizance, even if bail was previously set.
If you are charged with a misdemeanor, you can plead guilty or not guilty at the arraignment. Or, if the court approves, you can make an "Alford plea", meaning that you will not contest the charges. Legally, this has the same consequences as a guilty plea. I would not advise people to plead guilty without speaking with an attorney.
Before pleading guilty to some first time offenses, such as misdemeanor domestic violence or drug possession in small amounts for personal use, you may want to find out if your county has any diversion programs. Under these programs, instead of fining you or sending you to jail, the court may order you to get counseling which can result in dismissal of the charges if you complete the counseling.
If misdemeanor charges are not dropped, a trial will be held later in a county district court or city municipal court.
If you are charged with a felony, you will plead not guilty at the arraignment and proceed to a pre-trial, or case-scheduling, hearing.
Do I really need a lawyer for this?
Yes. If you have a medical problem, you would see a doctor. If you have a legal problem, you need a lawyer. Don't fool around with something that could have significant consequences to your life.
Will they press charges? When?
The charging decision is left up to the prosecutor. Their decisions are based on the individual facts of a particular case. We have a lot of experience in dealing with prosecutors and have a good understanding of their charging standards and policies. So, based on the facts of YOUR case, we'll be able to give you a good idea IF and WHEN the prosecutor may file charges.
How do you arrange bail or bond?
You, or someone on your behalf, can post bail by depositing the bail amount with the Court. All of that money is returned as long as all mandatory court appearances are attended. You can arrange a bond through a bond company. Bond companies generally charge 10 to 15% of the bail amount and require security or collateral of some type to cover the balance of the bail amount. Depending on the amount of bail that is set, people may use automobile titles or house/property titles as collateral for the bond.
We generally charge a flat fee retainer based on the nature and complexity of the charge or charges. Our criminal case fees range from $2500 to $6000 for misdemeanors and gross misdemeanors and from $5000 to $50,000 for felonies. Capital cases and forensic DNA cases are negotiated on a case-by-case basis.
Do you accept credit cards & are payment plans available?
Yes. We accept VISA, MasterCard, and American Express. Payment plans may be available on a case-by-case basis.
Why should I choose you to represent me?
We have combined experience of 50 years in the criminal courts of Washington and have handled hundreds of criminal jury trials. Our reputation for hard work, excellence, credibility and aggressive defense of our clients is well-known throughout the courts of King County and Pierce County. You will receive high-quality legal representation from lawyers who know what to do.
Contact Mark W. Prothero Today
Toll Free: 1-866-691-7937 (24 hrs)
