Do I need an attorney?
If you are facing the prospect of jail or prison time, then there is no question that you need an attorney. The chances that your charges can be lessened or even dismissed completely are much better if you retain a good criminal defense attorney. Even certain traffic violations can lead to
devastating consequences on your right to drive and/or car insurance rates. Any time you walk into a courtroom, it is best to have an attorney protecting your interest.
How much does an attorney cost?
There is no easy answer to this question. The cost of legal representation depends heavily on the particulars of your case. The level of offenses charged and status of the case are just two of the factors that are taken into consideration. Attorneys provide a service, and the cost of the service is many times directly related to the quality of service you will receive. Beware of attorneys who quote considerably less than the local average, as the likelihood is that you will not be pleased with the quality of your representation. Amanda makes every effort to keep pricing competitive while not compromising the quality of service she provides.
Hiring legal counsel is an important decision that should not be taken lightly. Amanda encourages prospective clients to speak to several attorneys before settling on one. She is confident that she provides the very best service for your hard earned money. You are facing a very frightening and stressful situation, and it is essential that you be confident in your choice of legal counsel. If you are in need of an attorney, call for a complimentary phone consultation, at which time Amanda can quote you a fee.
What is the difference between District and Circuit Court?
Kentucky’s trial courts are divided into two categories; District and Circuit Court. District court is where all misdemeanor offenses are handled and where the preliminary hearing for felony charges are held. Circuit court is exclusively for felony charges and any misdemeanors associated with the felony before the court. Felony charges may originate in district court before coming to circuit court through a waiver or referral of the charges to the County’s Grand Jury. Felony charges can also be brought in circuit court by two other methods: (1) direct submission of the case by an Officer and (2) information.
What is the Grand Jury?
A grand jury determines whether or not to indict, which means to bring a formal, criminal charge against an individual for a felony. Unlike the petit jury, Grand jurors do not decide guilt or innocence of an individual.
How long will my case take?
It depends on the type of case and specific circumstances. Generally, minor traffic offenses can be disposed of in one or two court appearances. Misdemeanors and DUI cases can take up to six months, depending on whether test results are pending with the Kentucky State Crime Lab. Most felony cases take anywhere from six months to a year to come to a resolution. Major felonies, however, can remain in court for several years.
Will I need to come to court?
Most traffic offenses can be handled exclusively by your attorney without your presence being necessary. For misdemeanors, your attorney can make many court appearances on your behalf, although your presence is mandatory for a jury trial or entry of a guilty plea. For felonies, a defendant must be present in court unless his/her presence has been formally excused by the Judge.
What do I do if I find out there is a warrant for my arrest?
Immediately retain an attorney if you are made aware a warrant has been issued for your arrest. An attorney may be able to arrange a voluntary surrender with favorable bond terms on your behalf.
Should I comply if the police wish to talk to me about a crime they suspect I committed?
Under the Constitution, you have the right to remain silent regarding any suspicions or allegations of criminal activity. Your silence cannot be used against you to infer guilt. There are instances when speaking to and cooperating with law enforcement is wise. However, the majority of time it is a very bad idea. You should always seek the advice of an attorney before submitting to an interview. Insist that you have your attorney present should you decide to submit to questioning.
What information should I give police who wish to question me?
You should provide them with your identifiers such as name, date of birth, and social security number. Do not provide any other information or make any other statements before consulting an attorney.
Do I have to consent to a police officer’s request to search?
Absolutely not. It is almost always a bad idea to consent to a search. Knowing your rights and exercising them is very important if you are suspected of committing a crime. I recommend that my clients are polite and respectful to law enforcement, even while exercising their Constitutional rights. If a police officer asks for consent to search, politely indicate that you do not consent and will require they first obtain a warrant.
Will my case be thrown out if the police officer forgot to read me my rights?
Police are not generally required to read you your rights. The Constitutional right to be advised of them arises when two circumstances are present (1) you are in custody, AND (2) you are being interrogated. Therefore, the circumstances of each case must be reviewed by an attorney to determine whether your Constitutional rights have been violated.
Could I get jail time?
If you are charged with a criminal offense in the state of Kentucky, you are directly at risk at serving jail time. The risk of incarceration can depend on many factors including but not limited to severity of crime charged, county in which crime is charged, and the judge assigned to your case. A good criminal defense attorney can often decrease your chances of incarceration dramatically.
Disclaimer: This website was designed to provide information about Wills Law Office, PLLC, and Amanda Page Wills, Attorney at Law. Nothing contained herein constitutes legal advice, nor should it be considered an offer of legal advice. Wills Law Office, PLLC and/or Amanda Page Wills cannot make any guarantee as to the accuracy or currency of any information contained herein. You should always personally consult an attorney for advice regarding your specific case.