When you or a loved one faces criminal charges, it is a stressful and confusing time. Choosing an attorney you trust is the first step to feeling ready for court, but understanding the process of criminal defense is also essential. Below are some commonly asked questions about the process to help you better understand what may happen.

A Brief Guide to the Criminal Defense Process

What steps should I take after an arrest?

Always remain silent until you can talk to an attorney. Even when innocent, anything you say can later be used as evidence. Do not answer any questions that pertain to the arrest unless your lawyer is present. 

In addition to the right to remain silent, you have other essential rights during this process.

What are my legal rights?

In addition to the above right to remain silent, you also have other essential rights during this process. You have the right to avoid being subjected to an unreasonable search and seizure. This means that if there is no warrant and no probable cause that evidence of a crime is present, law officers cannot subject you to any search or seizure of your property. You also have the right to an attorney, which is an essential aspect of ensuring your other rights remain intact as well.

What is the difference between a misdemeanor and a felony?

While this does vary by jurisdiction, there are some general differences. Misdemeanors most often refer to lesser charges and will usually be punishable by less jail time and will often involve fines, probate, or restitution instead. Felonies refer to more severe charges and typically carry punishments of jail time higher than a year in length. 

Do I need a lawyer if I plan on pleading guilty?

Even if you are planning on entering a guilty plea, you should still hire an attorney. An attorney serves as your voice to the court and protects your rights during preliminary hearings, plea negotiations, and sentencing.

When facing criminal charges, having a trustworthy and caring attorney is essential. Rutherford Law Office in Chillicothe, OH, now accepts clients in need of criminal defense. Their office provides a range of legal services to help protect your best interests during criminal proceedings. To discuss your case or schedule a consultation, call (740) 775-7434. You can also visit their website to learn more.