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Common Questions About Criminal Defense
General information only — not legal advice.
What should I do if I'm arrested or charged with a crime?
Exercise your right to remain silent and ask for an attorney immediately. Do not answer questions — even seemingly casual ones — without legal counsel present. Do not consent to searches. Anything you say can be used against you, so politely decline and wait for your attorney.
What is the difference between a misdemeanor and a felony?
Misdemeanors are less serious offenses typically punishable by up to one year in county jail, fines, and probation. Felonies carry more severe penalties including state prison sentences of more than one year. The classification depends on the offense and jurisdiction, and some charges can be either depending on the circumstances.
What is the difference between DUI and DWI?
The terms DUI (Driving Under the Influence) and DWI (Driving While Intoxicated/Impaired) vary by state. Some states use one term exclusively, while others use both to distinguish different levels of impairment. After a DUI arrest, you typically face both criminal charges and administrative consequences such as license suspension.
Can criminal charges be reduced or dismissed?
Depending on the circumstances, an attorney may be able to challenge the evidence, negotiate plea agreements, or identify procedural errors. Some cases may be eligible for diversion programs, particularly for first-time offenders. An experienced defense attorney evaluates the specific facts and available defenses.
What happens at a probation revocation hearing?
The prosecution must show a violation occurred. The burden of proof is lower than at trial. The judge decides whether to continue probation, modify conditions, or revoke probation entirely. Common violations include failing drug tests, missing appointments, or being arrested for a new offense.
What is the difference between expungement and record sealing?
Expungement typically destroys the record entirely — as if the arrest or conviction never happened. Sealing keeps the record but restricts who can access it. In practice, both prevent the record from appearing on most background checks. Which option is available depends on your state's laws and the nature of the offense.
How are federal cases different from state cases?
Federal cases are investigated by agencies like the FBI, DEA, IRS, and ATF — often for months or years before charges are filed. Federal sentencing guidelines are rigid and often result in longer sentences. There is no parole in the federal system. The U.S. Attorneys' offices have vast resources and high conviction rates.
How much does a criminal defense attorney cost?
Costs vary based on the complexity of the case, the attorney's experience, and the jurisdiction. Some attorneys charge flat fees for misdemeanors and hourly rates for felonies. Public defenders are available for those who cannot afford an attorney, though many people choose to hire private counsel for more individualized attention.
Can a juvenile be tried as an adult?
Yes, particularly for serious or violent offenses. The process varies by state and may depend on the minor's age, nature of the offense, and prior history. Juvenile courts generally focus on rehabilitation rather than punishment, and records may be eligible for sealing.