When Can An Officer Conduct A Search (back to top)?

An officer always may only make a search with either your consent or a search warrant. You have a right; however, to see the warrant before the search begins.


When Can An Officer Search You, Your Home Or Your Car Without A Warrant? (back to top)

Body Searches: If you are arrested, an officer can search you, without a warrant, for weapons, evidence or illegal or stolen goods. Strip searches should not be conducted for offenses that do not involve weapons, drugs or violence unless police reasonably suspect you are concealing a weapon or illegal goods and they have authorization from the supervising officer on duty. If you are booked and jailed, you may undergo a full body search, including body cavities.

Home Searches: In emergencies, such as when an officer may be trying to prevent someone from destroying evidence, your home can be searched without your consent and without a warrant. If you are taken into custody in your home, an officer without a warrant can search only the limited area in which you are arrested. Other rooms - and even other parts of the same room - are off limits, unless the officer believes that other suspects are hiding in other rooms. While searching your home, an officer can seize evidence of any crime, such as stolen property or drugs that are in plain sight.

Car Searches: Your car and trunk can be searched without your consent or a warrant if an officer has good reason to believe it contains illegal or stolen goods or evidence. If the police stop your car for any legal reason - such as a broken taillight - they can take any illegal goods in plain sight.

If you, your home or your car is searched illegally, a judge might say that any evidence found during the search cannot be used against you in court. If you or your lawyer, however, do not object to the evidence before trial, the court might allow the evidence to be used. Even if the judge does decide that the evidence cannot be used against you, that does not always mean that your case will be dismissed.


If The Police Did Not Read Me My Rights, Will My Case Be Dismissed? (back to top)

Law enforcement personnel are required to read you your "Miranda rights" only if two criteria are met. You must be in custody (usually "arrested"), and you must be interrogated (questioned about the details of the crime). A Miranda warning violation does not automatically result in the dismissal of a case. The statements that you made after the violation would be suppressed and not admissible as evidence if a lawyer is not provided.

Can I Talk To My Family And Friends About What Happened? (back to top)

NO! Generally, with very limited exceptions, anything you say to someone else is not protected or privileged. Your rights are best protected by not talking about what happened with anyone other than your attorney, with whom you will have an attorney-client privilege. Likewise you are best protected by not signing anything about what happened until you have had the chance to talk to your attorney.


What Is Bail And How Is It Set? (back to top)

Bail is money or other property that is deposited with the court in order to ensure that the person accused returns to court when he or she is required to do so. However, if the defendant does not come to court when required, or violates his or her bail conditions, the bail will be forfeited to the court and will not be returned.

When you are taken to court for bail setting or release, the judge will consider the seriousness of the offense you are charged with, any prior failures to appear (even for traffic tickets), any previous record, your connections to the community, as well as the probability that you will appear in court. The law presumes you are guilty of the charges for purposes of setting bail or release.

In some cases you may qualify for an O.R. release.


What Does An O.R. Release Mean? (back to top)

Instead of paying bail, you might be released on your own recognizance or "O.R." (or supervised O.R.). This means that you do not have to pay bail because the judge believes that you will show up for court appearances without bail.

If you qualify you will not have to spend the 10% of your bail fee or post your property to secure your bail bond.


What Happens At An Arraignment? (back to top)

You have a right to be arraigned without unnecessary delay after being arrested. You will appear before a judge who will tell you officially of the charges against you at your arraignment. At the arraignment, bail can be raised or lowered. You also can ask to be released on O.R., even if bail was previously set.


What Happens At A Pretrial Hearing? (back to top)

This involves a meeting between prosecution and defense. Topics discussed include plea bargain opportunities, strengths and weaknesses of the prosecution's case, pretrial motions and intangible factors of the case, such as the defendant's character and past history.

If your decision is to take your case to trial, the Court will set a trial date. If you enter into a plea bargain/sentencing recommendation it will happen at this hearing. If you decide to change your plea, in some cases your case will be set for a separate sentencing hearing and the court will order you to participate in a pre-sentence investigation prior to the sentencing hearing. The pre-sentence investigation is essentially an in-depth background check that will be presented to the court and can be very influential in the court’s determination of its sentence.


What Should I Wear to a Hearing? (back to top)

You are required to appear at all scheduled hearings. Remember to dress appropriately. Please wear a suit, pants with a shirt and jacket, or pants with a shirt to court and professional dress for women. Please do not wear sunglasses, a baseball cap or shorts. When going to court dress and act like you would when applying for a job or attending a funeral.


What Does It Mean To Prove Guilt "Beyond A Reasonable Doubt?" (back to top)

The prosecutor must convince the judge or jury hearing the case that the defendant is guilty "beyond a reasonable doubt." This standard is very hard to meet. (By contrast, in non-criminal cases, such as an accident or breach of contract, a plaintiff has to prove her case only by a preponderance of the evidence -- just over 50%.) As a practical matter, the high burden of proof in criminal cases means that judges and jurors are supposed to resolve all doubts about the meaning of the evidence in favor of the defendant. With such a high standard imposed on the prosecutor, a defendant's most common defense is often to argue that there is reasonable doubt-that is, that the prosecutor hasn't done a sufficient job of proving that the defendant is guilty.


Why Do I Need An Attorney? (back to top)

As with all things in life, there are benefits and costs associated with hiring an attorney. Only you can make the decision that the benefits to you are greater than the cost of hiring an attorney. Among the factors you should consider in deciding whether to hire an attorney to represent you are the results you would like to end up with, whether you are familiar with the constitutional, statutory and case law provisions that control your matter, whether you are familiar with the rules governing evidence and court procedure. Each of these areas often requires a combination of specialized knowledge and experience to achieve the best result possible.


Does Hiring An Attorney Guarantee Me The Result I Want? (back to top)

No. A lawyer can provide you with conscientious, competent and diligent services and at all times seek to achieve solutions which are just and reasonable for you. However, because of the uncertainty of legal proceedings, the interpretation and changes in the law, and many other factors, no lawyer can or should warrant, predict or guarantee results or the final outcome of your case or any portion of your case.

Please contact Brandon Novosad to schedule a free consultation to discuss your case.