Q&A: Criminal Law
Should I have an attorney before speaking to the police?
While the police will tell you a statement will help you with the prosecutor,
they have no authority over your case once it goes to the prosecutor. If
there is going to be a break given to you for your statement, you need
an attorney to make sure you get what you deserve for your cooperation.
Do I need an attorney for a simple case like a first DUI or a simple
possession of marijuana?
Yes. By simply paying the fine you will assure these charges go on your
permanent record. These charges will affect your job, your insurance
and your driver’s license. You should always consult an attorney in any
criminal matter before entering a plea.
What if I plea no contest?
The plea of no contest will not stop the charge from appearing on your
permanent record.
What should I expect from our first meeting?
The meeting typically takes approximately one hour. We will gather back
ground information, discuss your case, the possible defenses, the
chances of trial and how a compromise by plea might be used to help in
your case. We will also discuss the cost and fees associated with our
defense of your case.
Do we take payment plans?
Typically the answer is “no”. The retainer for our services is due at the
time we are hired. However, we do take credit cards. We will take short
term payment plans to be paid out before the first court date. If you have
the ability to post some type of collateral, a lien on a home or automobile
for example, we will take a longer monthly payment plan.
What do I need for the first meeting?
Any type of paper work you have that relates to your case. Papers
received from the court, the police or paperwork which would be used as
a defense.
How will the court process work?
The process typically starts with a first appearance before the judge to
plead not guilty. At that time, the court will set another date. Prior to that
date, I will talk with the DA to find out if the case can be worked out by
plea, dismissal, reducing the charges or by other agreement. Sometimes
the hearing is continued to allow us to gather information to share with
the DA. If the case cannot be settled as a misdemeanor case at both the
City and State level it would be set for trial. A felony case would be set
for preliminary hearing. At the preliminary hearing the State must
present evidence to bind you over for trial. What must be proven at the
preliminary hearing is: (1) that a crime was committed; and (2) the State
must prove there is a reason to believe you committed the crime. If the
State fails to prove these two things the case is dismissed. If the State
proves these two requirements the case proceeds to trial. For both
misdemeanor and felony cases there is an opportunity to resolve the
case even to the point of trial. This is a very general overview of a very
complicated process.
What can I do to help my case?
If you do not have a job, get one! If you are charged with a drug charge
or DUI we need to have you evaluated. We need to set a plan in place to
show the DA you are serious about the case and you are taking steps to
change what got you in trouble. Your conduct and commitment to your
case will have the biggest impact on how it is resolved. If you are not
guilty, bring me the evidence to support your innocence and we will get
the case dismissed.
While the police will tell you a statement will help you with the prosecutor,
they have no authority over your case once it goes to the prosecutor. If
there is going to be a break given to you for your statement, you need
an attorney to make sure you get what you deserve for your cooperation.
Do I need an attorney for a simple case like a first DUI or a simple
possession of marijuana?
Yes. By simply paying the fine you will assure these charges go on your
permanent record. These charges will affect your job, your insurance
and your driver’s license. You should always consult an attorney in any
criminal matter before entering a plea.
What if I plea no contest?
The plea of no contest will not stop the charge from appearing on your
permanent record.
What should I expect from our first meeting?
The meeting typically takes approximately one hour. We will gather back
ground information, discuss your case, the possible defenses, the
chances of trial and how a compromise by plea might be used to help in
your case. We will also discuss the cost and fees associated with our
defense of your case.
Do we take payment plans?
Typically the answer is “no”. The retainer for our services is due at the
time we are hired. However, we do take credit cards. We will take short
term payment plans to be paid out before the first court date. If you have
the ability to post some type of collateral, a lien on a home or automobile
for example, we will take a longer monthly payment plan.
What do I need for the first meeting?
Any type of paper work you have that relates to your case. Papers
received from the court, the police or paperwork which would be used as
a defense.
How will the court process work?
The process typically starts with a first appearance before the judge to
plead not guilty. At that time, the court will set another date. Prior to that
date, I will talk with the DA to find out if the case can be worked out by
plea, dismissal, reducing the charges or by other agreement. Sometimes
the hearing is continued to allow us to gather information to share with
the DA. If the case cannot be settled as a misdemeanor case at both the
City and State level it would be set for trial. A felony case would be set
for preliminary hearing. At the preliminary hearing the State must
present evidence to bind you over for trial. What must be proven at the
preliminary hearing is: (1) that a crime was committed; and (2) the State
must prove there is a reason to believe you committed the crime. If the
State fails to prove these two things the case is dismissed. If the State
proves these two requirements the case proceeds to trial. For both
misdemeanor and felony cases there is an opportunity to resolve the
case even to the point of trial. This is a very general overview of a very
complicated process.
What can I do to help my case?
If you do not have a job, get one! If you are charged with a drug charge
or DUI we need to have you evaluated. We need to set a plan in place to
show the DA you are serious about the case and you are taking steps to
change what got you in trouble. Your conduct and commitment to your
case will have the biggest impact on how it is resolved. If you are not
guilty, bring me the evidence to support your innocence and we will get
the case dismissed.
Our Mission is to
help our clients
obtain
extraordinary
results in the
Oklahoma legal
system through
professional
representation.
help our clients
obtain
extraordinary
results in the
Oklahoma legal
system through
professional
representation.
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| ALBERTS & ASSOCIATES |
| Attorneys & Counselors at Law |
Phone (405) 232-2444 john@albertslaw.net Fax (405) 232-2445