Criminal Defense Questions and Answers
What happens if I am arrested?
If you are arrested, you will be taken before a judge to be arraigned. At your arraignment three important things happen. First, you are told what crimes you are being charged with. Second, you enter a "not guilty" plea. Third, and maybe most important, the judge will decide if you should be free while your case is pending, if bail should be set, or if you should stay in jail until your trial. An arraignment usually occurs within 24 hours of the arrest or the first date available, even on weekends and holidays. Arraignment is the first step in your criminal case, but it is an important step. When you are standing before a judge in handcuffs, you need an experienced criminal lawyer like the ones at Hopkins & Kopilow by your side.
Can the police use force to arrest me?
A police officer may use as much force as is necessary to arrest you. After arrest, a police officer may handcuff you if you attempt to escape, or if the officer considers it necessary to prevent you from escaping. The important thing is not to fight with the police officer during your arrest. If you fight, you could be charged with the additional crimes of Resisting Arrest and Assaulting a Police Officer (a felony). Don't fight with a police officer in the street. Let Hopkins & Kopilow fight for you in the courtroom!
Should I talk to the police if I have been arrested?
If you have been placed under arrest, the odds are that you are not going to talk your way out of the charge. You have a constitutional right to remain silent. Use that right! The only ones you want to speak to are your attorneys at Hopkins & Kopilow. They will do your talking for you.
Can I be arrested for questioning?
No. Police can request you to accompany them to a police station for questioning but you are not required to go unless you have been arrested for an offense. It is not advisable to speak with the police until you have first spoken with your attorney. You should ask for a lawyer to be present before you will agree to be questioned.
If I am arrested for possession of drugs, how is the weight determined?
Although the police can not include the weight of the packaging, in most cases it doesn't matter if the drugs are pure or not. If you are charged with possessing drugs like heroin or cocaine, you will be charged with the weight of the entire package (aggregate weight), whether it is 1% or 100% pure drugs.
If you have a criminal problem, you are facing a very difficult and relentless opponent in the government. Do not try to take them on by yourselves. Contact Hopkins & Kopilow today to make sure that your rights are protected.
