Frequently Asked Questions
How do you know who to hire as your lawyer?
What you need the lawyer for will strongly affect what kind of attorney
you should retain. In a criminal case it is important to find out what
type of experience the attorney has had with the specific type of crime
you are charged with. Fancy advertising is no substitute for great experience
and legal talent. There are many very good lawyers and some not so good
in a certain field. It is important to know what type of trial experience
that lawyer has had. Do not be afraid to ask if the lawyer has ever
tried certain types of cases and how many cases he has tried. Do not
be fooled by anyone claiming that he has never lost a case, that often
suggests that he has not tried many. In many cases it is also beneficial
if the attorney has experience in the court and county that your case
is brought in. This experience often comes in handy in evaluating the
factors affecting the outcome of your case, such as prosecutors, police,
judges etc. Finally meet with the attorney and make sure that you are
comfortable with him and have confidence in his abilities and his advice.
I was just arrested now what?
First, invoke your right to remain silent. Shut up. Do not give any
confessions. Do not give any statements. Do not sign anything that even
remotely smells like a statement or admission. You have a constitutional
right not to make a statement to the police.
Second, demand to speak to your lawyer, immediately. You have a constitutional right to speak to your lawyer before questioning by the police. But only if you request one. Once you have demanded to speak to your attorney do not speak to the police until your lawyer speaks to you.
Third, do not talk to your cell mates regarding your case. They may
inform on you to get leniency in their cases. You may have to talk to
them but you do not have to discuss the specifics of your case.
Fourth, if you are arrested for Driving While Intoxicated you should
refuse to give a breath sample if you have had anything at all to drink.
You should refuse to participate in any field sobriety test. If you
have been drinking you should refuse to admit anything at all. If you
have “an odor of alcohol on your breath” you will most likely
be arrested anyway as almost every police officer will not gamble his
future on letting you go with the possibility that you may end up in
an accident or cause an accident. Any admission is likely to result
in your arrest anyway. Giving a breath test that shows a blood alcohol
over .08 is going to be admissible as evidence and may be the basis
for a conviction alone. Failing a field sobriety test is admissible
and may result in conviction. You have the right to remain silent and
to refuse to give evidence about yourself so USE THAT RIGHT!
Fifth, even if you cannot afford to hire an attorney you can have one appointed for you. When you do this you will be getting the next lawyer in line that day. Most of these attorneys are excellent but you need an expert in drunk driving so you should plead “not guilty”, tell the judge you will hire your own attorney and ask for copies of all of your reports from the court so that you may give them to the attorney of your choice. If you cannot afford an attorney the court has documents for you to fill out to see if you are eligible for a court appointed attorney. Ask for these when you report to probation the very first day in court.
What will happen in my Drunk Driving (referred to as OUI or
DUI) case?
See our website on Drunk Driving
The police called my house and want to talk to me. Should I
call back?
Absolutely not!!!! Police officers are trained and skilled interrogators.
You need to contact an attorney and speak to an attorney BEFORE you
speak to the police. You will NOT help yourself by talking to the police
and, more than likely, will only hurt your case by speaking with police.
How much will an attorney cost me?
Call an attorney and ask them. Most attorneys know what a case will
cost but will need the specifics of your case. Without details no competent
attorney will be able to tell you how much a case will cost. Would an
auto body shop give you an estimate without looking at the damage? Don’t
be lured by price. Your freedom, your record, your ability to get, or
keep, a job may depend on the skill of an attorney.
Why not just plead out my case the first time I am in court?
A good lawyer knows that there are diversion programs, pre-trial probations,
and other plea agreements that will protect you now and, more importantly,
in your future. Any dealings with a court creates a “record”
which can have disastrous consequences down the road including license
loss, inability to get necessary licenses with SEC or other authorities
that will make you ineligible for certain jobs and finally there is
incarceration or loss of ability for certain “first time offender
programs” that you may be eligible for. Get good advice the first
time.
IT’S YOUR FUTURE, PROTECT IT!
What should I do now?
Contact a lawyer who knows how to handle these cases. Contact us at
mail@sullivanandsweeney.com
or call us at 617-328-6900 as soon as possible.