Frequently Asked Questions
Most accident/injury cases are taken on a "contingency" basis. This means that the attorney charges no fee unless and until you receive money from a settlement or court award. This amount will vary depending upon the case and in some instances, the attorney will advance the costs and will collect them from the settlement or award. Other cases require a retainer and the amount will depend upon the case at hand.
No. You need an honest attorney with long years of experience who will give your case his/her full attention. A good attorney returns your phone calls promptly and answers all your questions.
You need an experienced attorney who has enough time to give your case full attention. Your case will take much longer to resolve if your attorney is inexperienced or too busy with other cases. Ask the attorney if he/she has a full case load and how long he/she has been practicing law.
It depends on the court and the case, but usually it is the court's chance to find out from the attorneys whether the case is ready for trial and if so, then how long the trial will take, how many witnesses are expected, and whether there will be special issues.
Often, in criminal cases the court will hold separate pre-trial hearings with witnesses to determine whether a confession or seized evidence may be used at trial.
Arraignments are the hearings that basically start a criminal case. It depends on the court and the case, but these are things that generally happen at arraignment:
- The judge tells the defendant about his/her rights in court.
- The Clerk of the Court will read the charge or charges in an indictment to the defendant, unless reading is waived.
- The judge asks whether the defendant has an attorney, and appoints one to represent the defendant if requested and appropriate.
- The judge sets conditions of release from custody. The conditions may include bail, periodic check-ins with a court-designated monitor, no contact with certain persons, not leaving a specific area, not possessing or using alcohol or controlled substances, not possessing weapons, not committing new offenses, and others.
- The judge will set a new court date or dates.
- A determination of probable cause will not be a part of the arraignment hearing. In this situation, the court has already determined that probable cause exists before the arraignment by virtue of an arrest warrant in Magistrate Court or an indictment by the Grand Jury in Circuit Court. Also, a person may be arraigned upon an Information filed by the Prosecuting Attorney.
The statute of limitations is a time period during which a lawsuit must be filed. Certain cases must be filed within two years from the time the claimant knew or should have known he/she had a case. Filing your case before the statute of limitations expires is of paramount importance; if too much time passes your case may be barred.
The statute of limitations is NOT the same for all types of cases. Therefore, if you believe that you have some type of case, you should immediately contact an attorney to learn more about the statute of limitations that is relevant to your specific case.
Yes. You might think that being forced to give bodily samples—such as blood, hair or fingernail clippings—is a violation of the U.S. Constitution's protection against self-incrimination, found in the Fifth Amendment. But the U.S. Supreme Court has ruled that the Fifth Amendment protects communications only, and that bodily samples are physical evidence and therefore not covered by the Constitution. Normally a search warrant is required for a blood sample.
No! It is very unlikely you are going to gain any benefit by pleading guilty in your case, unless you have arranged a plea bargain which will benefit you. You have a constitutional right to require the State to prove that you are guilty beyond a reasonable doubt. There is nothing wrong with exercising your rights and making the State do its job.
You have zero chance to win your case if you plea guilty.