January 10, 2004
So you’ve been arrested—what next?
Retain Counsel
First, you must retain a qualified attorney. Hiring a good attorney will be the best money you have ever spent. In this business, nothing affects the outcome of a case more than the actions of a focused, intelligent attorney.
Here are a few things to consider:
The attorney’s experience handling your type of case (i.e., drug cases, healthcare fraud, “sex crimes”)
The attorney’s familiarity with the jurisdiction, i.e., the particular federal court or county that your case is in. Is the attorney familiar with the various personalities involved, such as the judge, supervising prosecutor or probation officer? Is the attorney knowledgeable about the style of practice in the jurisdiction, including local or even “unwritten” rules.
Does the attorney have a good working relationship with the prosecutor handling case? The prosecutor is often in the best position to help the client by offering a favorable plea bargain or dismissing a weak case. An attorney with a bad reputation at the courthouse, or one who acts unprofessionally, will do a disservice to his clients.
Finally, do you like the attorney? Does he or she put you at ease and thoughtfully consider your questions? Is the attorney truly interested in helping you? Don’t trust the attorney who promises you the moon—he’s probably just interested in the fee.
Invoke Right to Remain Silent
Under the 5th amendment to the US Constitution, you have the right to remain silent. While virtually everyone has heard of “pleading the 5th” or “remaining silent,” it is tougher than it sounds. Often, law enforcement officers apply subtle, or sometimes not so subtle, pressure to talk. You must resist this pressure. Perhaps the best way to handle unwanted police questioning is to state firmly that you do not wish to talk, and would like to consult with an attorney before answering any questions. Upon hearing such response, the police must cease further questioning.
Release Arrangements
Your attorney will help secure your pretrial release. Often, an attorney can request an own recognizance (“OR”) release. Of course, an OR release will save money otherwise spent on a bail bondsman. An attorney will also be able to ensure that, if bail is set, that it is at a reasonable amount. Bail bondsmen will typically charge a 10% premium, i.e., their fee is a percentage of the bail amount. They will also require various forms of security, typically from the client’s family members.
Release procedures in federal court are vastly different from the state level. Surety bonds are not an option. Often, an OR release can be secured. Alternatively, a judge may require release secured by real property or an unsecured release bond.
Crucial to federal release is the involvement of the United States Pretrial Services Officer. You should meet with your attorney before the Pretrial Services interview, as the things you say may later affect your case. Your attorney should prepare you for the interview, and you should have your family’s contact information readily available.
If possible, get released! Defendants on pretrial release typically fair better in the justice system—i.e., they have a better chance of being acquitted at trial, get favorable plea bargains and can help their attorneys prepare.
Upon release it is critical that you remain in contact with your attorney and that you not miss any court appearances. A failure to appear can result in your being remanded into custody, and may result in additional charges or enhancements being brought against you.
What if you can’t get released?
First off, do not talk to anyone at the jail about your case. Some inmates will go to the police if you discuss your case with them. Also, do not discuss sensitive information about your case during family visits or on the telephone as these conversations are frequently tape-recorded.
Your attorney should make sure you are receiving adequate medical care and have confidential legal visits.
Posted by Tim Warriner at 08:08 AM