Smith & White

How is Bail Determined?

It is best to fight your case from outside a jail cell, so if we can get bail granted and you can afford to pay the bond, you should be released. Courts should determine bail based on your flight risk and danger to the community. If bail was set too high or they are not actually looking closely at these factors, we can see about getting you released.

When Does Your Right to Remain Silent/Right to an Attorney Start?

If you are 1) in custody and 2) being asked questions by police, then you definitively have the right to remain silent and the right to an attorney. They also should have read you your Miranda Rights and specifically told you about this right. However, you technically do have the right to remain silent earlier, and you can always bring your lawyer with you if you are asked to come in for questioning without an arrest.

What if Your Weren't Read Your Rights?

Movies and TV shows have people thinking that police must read you your rights when you are arrested, but that isn’t the case. Police must read you your rights if 1) you are in custody and 2) they are interrogating you, but not before that. If they don’t read you your rights before an interrogation, it is possible the whole interrogation could be thrown out as illegal evidence.

What is Probation and Community Custody?

Not every conviction results in jail or prison time. Probation usually means the court allows someone to remain in the community under specific conditions instead of serving the full amount of possible jail time. Those conditions may include check-ins, treatment, drug or alcohol testing, search conditions, and no new violations.

Do You Need a Lawyer?

In most criminal cases, you should have a lawyer. Even “minor” offenses can go on your record and cost you hundreds of dollars in court costs and fines that you should not have to pay if you are innocent or if the police violated your rights during investigations.