Frequently Asked Questions

If you’re charged in state court, then probably not. It is unusual for a non-violent, first-time offender to be sentenced to prison. Federal court is a horse of a different color. Most cases that are charged result in a prison sentence. Of course, each case is its own animal. But just looking at the numbers, the average state court case ends with a punishment without prison—like probation or a fine. The average federal court case ends with a prison sentence.

The short answer is yes. The police can tell you that they have evidence against you that they actually don’t.

It’ll be longer than you imagine. For state court cases, I tell clients to expect at least a year from the time a crime is charged until the case concludes—either after a not-guilty verdict or a sentencing hearing. For federal court cases, I tell clients to expect about nine months between charging and a case’s conclusion.

It could. Convictions, even for minor crimes (called misdemeanors), are public record. Potential employers, school-admissions offices, the military, and professional licensing boards will have access to any conviction with your name on it. And once something appears online, as a practical matter, it exists forever. Felony convictions are even worse. You may be prohibited from entering certain professions. A convicted felon can’t possess a firearm or ammunition ever again. The list goes on, and it’s not good.

If you ever get arrested, then never, ever, speak to the police without a lawyer present. Once the cuffs go on, the chances that you’ll persuade an officer to remove them and let you go are effectively zero.

The earlier a criminal defense lawyer gets involved in your case, the better result you can expect. Your case’s most critical moments are right after arrest and before you are charged. The farther along you get in the process, the less your attorney will be able to help you with what happens. In the criminal justice system, it can be especially difficult to get the toothpaste back in the tube.

It’s almost always a mistake to sign anything a law enforcement officer provides to you. Any form put in front of you was not designed for your benefit. It was designed to allow law enforcement to do things to you that they wouldn’t otherwise be allowed to do. Remember, they’re at work, and they don’t work for you. They get paid by the state or federal government to do what it wants.