Some Questions You Should Ask

Being accused of a crime in San Antonio is a frightening thing to happen to anyone. Emotionally, you're anxious, embarrassed, and uncertain about what to do next. A skilled criminal defense attorney is an invaluable resource at a time when your rights and freedom hang in the balance. The Duke Firm, PC outlines frequently asked questions about criminal defense tactics in San Antonio.

If you're facing arrest, try to remain calm and answer any reasonable questions directly and concisely; don't answer any questions you're uncomfortable responding to; and contact a criminal defense attorney as quickly as possible to assist you in building a solid case for yourself. Here are answers to some basic questions you should understand if you're charged with a crime:

• What should I be aware of if I believe I'll be arrested?

  Prior to formally arresting you, law enforcement may try to gain information from you relating to the crime. They may ask you questions, suggest things that aren't necessarily valid and pressure you to talk about the situation. For your own sake, be cordial to the police, but don't say anything to them that could incriminate you. Even if you were in no way involved in the crime for which you might be arrested, don't speak at length to the police without a criminal defense attorney present.

• What evidence do the police need to arrest me?

  If the police arrest you, it means that they believe that you're a suspect in some type of criminal activity and they have information to support that belief.

• If I'm arrested, does that automatically mean I will go to trial?

  If you are arrested for a misdemeanor or "petty crime," your case may not go to trial. Any crime that is punishable by more than six months of imprisonment usually goes to trial by jury, no matter what the circumstances.

• What are my rights before I'm arrested?

  Before you're arrested, you have the right to remain silent so you don't incriminate yourself; you also have the right to avoid unreasonable search and seizure (although there are some exceptions).

• If I'm arrested, what are my rights?

  If you're arrested, you have the right to remain silent. Even before you're arrested, if the police are asking you questions about a crime, you can remain silent. At some point during the arrest, the police officer will notify you of your Miranda Rights. You also have the right to a defense attorney, and, unless you're violating probation or are charged with a felony punishable by life imprisonment, you have a right for bond to be set. Following your arrest, you have a right to see the evidence that will be used against you and to depose the witnesses against you.

• If I'm not advised of my Miranda Rights, will my case automatically be dismissed?

  Not necessarily. If you're not read your rights to remain silent, some of the evidence gathered prior to you receiving your rights will be inadmissible in your case. This may or may not result in a dismissal.

• What can a criminal defense attorney do for me if I'm arrested?

  Legally, you're allowed to represent yourself in a court of law, but, even if you're an attorney, it's not a good idea. Even if you've been wrongfully accused of a crime, you need an attorney who will fight for your rights. Most Texas citizens aren't familiar with criminal law regarding the collection of evidence, court procedure, witness preparation and what the prosecution needs to prove to get a conviction. In addition, you may not be able to handle the stress of courtroom interrogation and cross-examination. The opposing side will always have an attorney in representation, so you should have the same advantage as the city, county, state or federal government accusing you of a crime. You should always consult a criminal defense attorney before pleading guilty or "no contest" to any crime.

• If I'm in the United States on a visa and am accused of a crime, can I be deported?

  If you are convicted of a major crime, you become a felon and, as a consequence, lose your civil rights. If you're not a US citizen you'll most likely be deported--even if you're a lawful permanent resident. The conviction of a crime can also adversely impact a lawful permanent resident's chances of becoming a US citizen.

• What happens if I'm falsely accused of a crime?

  Even if you're falsely accused, a judge and jury may not drop your charges or find you "not guilty." The support of an experienced criminal defense attorney can help you build a solid case for your innocence.

• If charges are dropped, what can I do to clear my record?

  If your criminal case is dropped or you receive a "withhold of adjudication," you may be able to have your criminal record sealed or expunged. Your criminal defense lawyer can take you through the appropriate steps to try to clear your record and restore your civil rights.

Facing arrest for a crime in San Antonio is a serious situation that can impact you for the rest of your life. It's important to have a knowledgeable criminal defense law firm in San Antonio at your side to ensure your rights are observed and protected.

Contact the criminal defense lawyers at the Duke Firm by calling 888-314-5720, or using our convenient web form.