Frequently Asked Questions
Get Answers from a Long Beach Criminal Defense Attorney
Criminal charges can range in severity, and depending on the crime that
you have been charged with, you could face a range of penalties upon conviction.
There are many different issues associated with criminal charges, and
you may have various questions regarding this process. We provide answers
to commonly asked questions about criminal defense so that you may obtain
some basic information regarding your situation.
Do I have to let the police search my house or car?
No. Police officers cannot search your property without your consent or
a warrant, and they cannot obtain a warrant without probable cause. They
do not have to tell you this and they can ask to search your property.
If you consent to the search, then any evidence that they find can be
used against you in court. If you do not consent, then they cannot lawfully
search your property without a warrant.
The police are saying that I will serve a lesser sentence if I confess.
Is this true?
In some cases, you may be able to work out a deal for a lesser sentence;
however, it is important to know that police can lie to you in order to
elicit a confession. Police can tell you that they have undeniable proof
that you are guilty, and this can be a direct lie. It is vital that you
seek legal assistance before confessing to any crime.
I have been arrested. What should I do?
There are two basic things that you must do if you have been arrested
regardless of your criminal charge. First, you must remain silent. You
have the right to remain silent — any information that you give
to an official could be used against you. The second thing you must do
is speak with a skilled legal representative as soon as possible. Your
attorney will be able to advise you of what information you should or
should not give.
The alleged victim in my case has been calling me; should I talk to them?
No. There are many cases in which police officers will try to elicit a
confession from you. This can include a tactic using the alleged victim
to talk with you about the crime while they are recording the conversation
as evidence. It is important that you do not discuss anything with the
alleged victim, even if nothing happened. Police officers are not always
looking for the truth; sometimes there are officers who just want to gather
enough evidence to secure a conviction in your case.
Do I have to have a lawyer?
No. It is your right to represent yourself; however it is always in your
best interest to have a skilled representative on your side. You will
be prosecuted by a skilled lawyer who practices in this area of law on
a daily basis and unless you have significant experience in legal proceedings,
you may have a very difficult time successfully defending your case before a judge.
Defending Your Rights
If you have been arrested and charged with a crime, then you need to retain
skilled representation as soon as possible in order to be given advice
regarding what you should and should not say, as well as to begin the
process of building a strong defense of your case. At the
Law Offices of Damone & Schroeder, we are dedicated to supplying excellent client representation and we
can provide you with the legal assistance that you need in your case.