Fresno Criminal Defense Frequently Asked Questions
The Law Office of Rick Berman & Eric Schweitzer has a proven track record of achieving optimal results for clients in a wide span of Fresno criminal defense matters. The firm handles the full spectrum of criminal cases, from minor, misdemeanor criminal violations to major, complex criminal felonies, such as vehicular manslaughter. Contact us today for a free consultation.
The following questions and answers help to understand what happens during and immediately after an arrest.
- What are my rights in an arrest?
- What steps are involved in an arrest?
- What can attorney do during the arraignment?
- What happens if I am taken to jail?
What are my rights in an arrest?
Anyone who has been arrested has Miranda rights, which include the following:
- The right to remain silent, with the understanding that anything said by the accused can be used as evidence against them during a trial
- The right to an attorney who will accompany and advise the defendant during all questioning and defend the defendant in court
Defendants who cannot afford an attorney to handle their criminal defense in Fresno can request a public defender.
What steps are involved in an arrest?
- The arrest: The arrest can happen one of two ways: either the accused is issued a Notice to Appear, identifying the court date and time, or the accused is taken to jail.
- Arraignment: In this phase, the accused pleads guilty or not guilty of the charges. In some cases, the prosecution proposes ways to resolve the case without going to trial. This is called a plea bargain, and the offer is sometimes revoked if it is not accepted at the arraignment.
What can an attorney do during the arraignment?
Having a lawyer with you at this court appearance and throughout your Fresno criminal defense can help in several ways:
- Help you understand any plea bargain offer the prosecution has made
- Negotiate changes to the plea bargain offer
- Make sure the proposed sentence is legal based on the charges against you
While defendants can attempt to do these things themselves, they need to be aware that the prosecuting attorney is a law enforcement officer who listens closely whenever defendants speak in the hopes of later using their statements against them.
What happens if I am taken to jail?
If you were taken directly to jail, the chances are that bail will be set without seeing a judge first. If this is the case and you make bail, you will probably be given an arraignment date.
