There is little difference between being arrested and charged with a crime. In both cases a complaint is made, an investigation is done based on the complaint. In the case of being arrested, a person is taken into custody and placed in jail. In the case of being charged with a crime, a summons or citation may be issued instead of being placed in jail. Also, in the case of being charged with a crime, the case is sent to the City or County Attorney's Office for a complaint to be written.

The following information includes frequently asked criminal defense questions. The answers stated are general in nature and are not intended to apply to every criminal defense situation. Each case is different and carries its own set of circumstances that must be taken into consideration by competent legal counsel. By contacting Framingham, Massachusetts criminal defense Attorney Stephen E. Dawley, you can receive a personal consultation regarding your specific criminal defense case.

Each applicant’s circumstances are evaluated on a case-by-case basis. However, felony convictions will make you ineligible. It is possible to be considered for employment with a prior, non-felonious arrest and/or conviction.

Make notes of exactly what occurred prior to your arrest, of all statements or comments made to you by any police officer or of any comments made by you to the police. Note the names and addresses of any witnesses to the events. Keep all documents given to you by the police. If possible, obtain a copy of the police report. Give the information to your attorney. As a citizen of the United States of America, you have many rights which will be protected by the courts.

It is very important that you consult with an attorney as quickly as possible. You have key constitutional rights that need to be protected. Depending on the type of case, legal motions and requests may need to be filed immediately. If you have not yet posted bond, you need an attorney to review your case and determine whether or not your bond can be lowered, thereby saving you hundreds of dollars in bonding fees.

All indigent defendants are entitled to a court-appointed attorney regardless of their citizenship or legal status in the United States . However, because many criminal convictions can subject a non-citizen to deportation, exclusion from the country, and/or a denial of naturalization, you should always inform your attorney if you are not a U.S. citizen.

That decision is made by the State Attorney. Police make arrests, and State Attorney’s file charges. After you are arrested, your case is forwarded to the State Attorney for an evaluation. During this evaluation the State Attorney will decide what charges are appropriate and IF charges are appropriate. This decision is made separate and independently from the decision the police made when they decided what to arrest you for.

If you are arrested, you can be taken into custody, which means that you are not free to leave the scene. Without being arrested, you can be detained, however, or held for brief questioning for a short time if a police officer or other person believes you may be involved in a crime. For example, an officer may detain you if you are carrying a large box near a burglary site. A storekeeper can also detain you if he/she suspects you have stolen something until the police arrive.

You have an initial appearance in court, at which bail is set, and a “No Contact Order” is issued. A pre-trial hearing will be the next court date, which takes place front of a special Domestic Violence Commissioner. The District Attorney will make an offer stating what the recommended sentence will be, in hope of getting a quick guilty plea.

Absolutely yes. An attorney can conduct an investigation independent of the police. Evidence of your innocence from this independent investigation can then be presented to the police and the prosecutor. The prosecutor will then be required to show the evidence of your innocence to any grand jury he tries to use to indict you. I have successfully prevented many people from being charged with crimes by conducting independent investigations.

We have probably all been driving in excess of posted speed limits. That does not mean we should rush down to hand in our driver’s license to the local police. So too a charged crime may well not impel you to plead guilty. "Not guilty" simply means, "prove your case". Quite often for bad wording, time limits or general lack of proof you may not go to jail, lose your license, or be fined. The 25-year history makes this kind of case the hardest of all to win.

The decision to charge, or not charge a person with a crime is something that the police department does not have control over. While we may accurately document the facts of a crime, including your statements and make a logical identification of someone as being responsible, it is ultimately the decision of the District Attorney to decide to file a criminal complaint, or not.

All information about people in jail can be obtained from calling jail information at (512)854-9889. The Travis County Sheriff's Office operates the jail.

A civil offense is an infraction of a law that is not a crime. This may be something like a routine traffic offense such as speeding. The only penalty for a civil offense is a fine. A crime is a violation of the law that is punishable by a fine or a jail sentence. A Class Three or Class Four misdemeanor in Virginia is only punishable by a fine. These may be violations of noise ordinances or other offenses not involving injuries to other persons or their property.

Yes. Alabama law states that you don't have to be driving to be arrested for DUI, provided that you are in “actual physical control” of the vehicle. If you are just sitting behind the wheel of a parked car with the ignition keys in your pocket, you can be arrested for DUI if you are under the influence of drugs or alcohol or the concentration of alcohol in your blood is .08% or more.

The first thing you should do is to contact an experienced criminal defense attorney who can help you understand the law, investigate your case, determine your options, formulate a defense, and help you navigate the criminal justice process.

When investigating your case, we direct any outside investigators to use state of the art databases and equipment to uncover critical information and evidence to defend our clients.