INFORMATION ABOUT CRIMINAL PROCEDURE

While you can probably never imagine yourself being accused of committing a crime, you may become the victim of unforeseen circumstances and find yourself facing criminal charges.

We hope that the questions and answers presented here will assist you in familiarizing yourself with Criminal Procedure issues and terms. While the material below attempts to answer common questions in this area, state and local laws may significantly modify the facts set forth. Because all legal problems are unique, nothing provided here is a substitute for the advice of competent counsel. We strongly urge you to consult with an attorney licensed to practice in your state about any particular legal problem you may have.

WHAT IS A CRIME?

A crime is doing an action which is against the law or ignoring an action which is required by law. There are three major groups of crimes: summary offenses (most traffic violations, disorderly conduct and first-offense shoplifting); misdemeanors (driving under the influence, assault and various thefts) and felonies (robbery, burglary, rape and murder).

WHAT SHOULD I DO IF I AM ARRESTED?

What happens and what you say at the time of your arrest often is the difference between being found "Not Guilty" or "Guilty" of the charges. If the police come to arrest you, you should go peacefully and politely with them. Attempting to flee may later be used as evidence to show your guilt of the crimes charged. You should NOT speak to the police or anyone other than your attorney about the alleged incident. You should give the police your name and address and then ask to speak with an attorney. If you cannot afford to hire an attorney, the Court will provide one to you free of charge.

WHY SHOULD I REMAIN SILENT?

Often while the police may have enough evidence to obtain an arrest warrant, they do not have enough evidence to convict a person of a crime. However, if you make a statement to the police, your statement may give the government the extra evidence necessary to convict you. The fact that you would not speak to the police without an attorney cannot be used against you at a trial to show your guilt.

WHAT ARE THE "MIRANDA" WARNINGS?

Anything you say or put in a written statement to the police can and WILL be used against you. The Constitution of the United States gives you the absolute right to remain silent. Exercise that right. DO NOT SPEAK WITH THE POLICE ABOUT AN INCIDENT IN WHICH YOU ARE SUSPECTED OF CRIMINAL CONDUCT UNTIL YOU HAVE SPOKEN WITH AN ATTORNEY.

WHAT WILL HAPPEN IF MY MINOR-CHILD IS ARRESTED?

If your child under 18 years of age is arrested, the police will notify you of this fact soon after the arrest. The police will then permit you to talk with your child at the police station. For the reasons above TELL YOUR CHILD NOT TO SPEAK TO THE POLICE ABOUT THE INCIDENT AND TELL THE POLICE NOT TO QUESTION YOUR CHILD UNTIL AFTER YOU HAVE SPOKEN TO YOUR ATTORNEY.

WHAT SHOULD I DO IF I THINK THE POLICE ARE LOOKING FOR ME?

It is of the utmost importance that as soon as you become aware of any allegations against you, you contact an attorney experienced in criminal matters before you speak to anyone else about the matter. If anyone seeks to speak with you before you have spoken with an attorney, tell that person that you do not wish to give any statement until you have spoken with an attorney. Your attorney will then find out whether the police have a warrant for your arrest, and if they do, arrange for your surrender. If you cannot afford to hire an attorney, contact the local bar association or public defender. You can locate the telephone numbers for these agencies by looking in the blue pages of your local telephone book.

DESSEN, MOSES & ROSSITTO is happy to assist you in any legal matter that involves either Pennsylvania or New Jersey, the two states in which our attorneys routinely practice. If you have other questions or comments about Criminal Law, or any other area in which we practice, please send us an E-mail message with your questions or comments and we will be happy to try to assist you.

LINKS TO OTHER INTERESTING INFO

Alcohol and the Human Body
Bureau of Alcohol, Tobacco and Firearms (ATF)
Criminal Justice Resources on the Internet
Department of Justice
Drink Wheel
Drunk Driving Law Center
Drunk Driving Penalties by State
Drunk Driving Resources on the Internet
DUI California
Federal Bureau of Investigation (FBI)
Mothers Against Drunk Driving (MADD)
National Institute on Drug Abuse
Sourcebook of Criminal Justice Statistics
U.S. Secret Service
U.S. Sentencing Commission

Information found at this Web site is for general informational purposes only and is not intended to be legal advice or the rendering of a legal opinion. DO NOT assume that anything contained in these Web pages answers your specific legal problem. Each legal situation is unique. You should seek independent legal advice and counsel regarding any specific legal problem you may have.