Remember if you are ever being investigated for a crime that the United States Supreme Court held in the landmark case of Miranda v. Arizona, that the Constitution requires that before being interrogated suspects be informed of their right to remain silent and their right to an attorney. These two rights are critical to a successful defense.
Anything you say can and will be used against you, so if you have criminal law problems, do not answer any questions from the police and tell the police that you want an attorney. At the Law Offices of Marc E. Grossman, we are here day and night to protect your rights.
You've been arrested, what comes next?
- First Call us at the Law Offices of Marc E. Grossman, and schedule your free case evaluation.
- Next, remember that you are innocent until proven guilty; this means that the prosecution must prove every element of the crime against you beyond a reasonable doubt. If the prosecution fails to prove each and every element of the crimes with which you are charged beyond a reasonable doubt you are not guilty.
- After you are arrested or charged, you will have an initial appearance. In your initial appearance, you will plead not guilty. Then the judge will establish if there is probable cause to allow your case to proceed to trial, if there is not probable cause that you committed a crime, the judge will dismiss the case.
- Bail hearings are held to modify the amount of bond that a judge has set to ensure your appearance at trial. Bail can be modified if the amount is too high.
Evidentiary Hearings
Evidentiary hearings are held before your trial begins to determine whether a piece of evidence is admissible against you.
- Not all evidence is admissible against you in a criminal case. Evidence which is gathered in violation of the 4th, 5th and 6th Amendments is not admissible.
Some common examples of Inadmissible Evidence Are:
- Searches of your home without a warrant;
- Illegal pat-downs;
- Illegal electronic surveillance;
- Statements you make without receiving Miranda Warnings;
- Statements you make after asking for a lawyer;
- Evidence found after an illegal stop or arrest.
Whether or not evidence is admitted will make your case or break your case; that is why being represented by experienced criminal defense attorneys at your evidentiary hearings is critical.
Plea Bargains and Agreements
Over 50% of all criminal cases do not go to trial. These cases end in plea-bargains. Here at The Law Offices of Marc Grossman, each of our criminal defense attorneys are skilled and effective negotiators who can get you the best deal if you decide you do not want to go through the time and defense of a lengthy trial.