F.A.Q

Frank A Berardi Attorney At Law

01.

Can I be convicted if I did not know that I was committing a crime?

 Generally, yes. Not knowing the law is not a defense to a crime in most situations. It would be hard to make this defense in good faith in many cases, since common crimes tend to be obviously illegal.

02.

Do the police need to read Miranda rights when they arrest you?

No, the police must read Miranda rights before they interrogate someone who is in custody. Being in custody means that an individual is not free to leave. Statements that are volunteered by someone in custody, without an interrogation, can be used against them even if the police did not provide Miranda rights. An interrogation can consist of not only direct questioning but also actions by the police that are likely to elicit an incriminating response by the suspect.

03.

Do the police always need a warrant to conduct a search?

No, there are several exceptions that allow the police to conduct a search without a warrant. These may include valid consent, evidence that is in plain view, an emergency that requires prompt action, or searches after an arrest.

04.

What is a bench warrant?

 

A bench warrant is a specific type of warrant that a judge issues when a defendant fails to show up in court when required or otherwise violates the rules of court. It can function as an arrest warrant does, since the police can use a bench warrant to seize the defendant and bring them back to court. However, a judge starts the process of issuing a bench warrant, rather than a police officer.

05.

How long does a criminal case take?

 

The complexity of a case will affect how long it takes. A simple misdemeanor might be resolved within a few weeks or months, while a felony case might last for several months or even years. If your attorney is able to negotiate a reasonable plea agreement with the prosecution, your case will resolve faster. 

Have other question? Give Frank A Berardi a call.