Criminal Defense FAQs

When considering retaining legal counsel from Mountaineer Law Group, it is vital to possess a clear understanding of the legal process. Below are some essential details and answers to common questions that you should keep in mind as you navigate your current legal situation.

Before I Hire an Attorney, Should I Provide any Information to the Police?

Generally speaking, it is never a good idea to speak with law enforcement without legal representation present. Any statement you provide can—and likely will—be used by the prosecution against you in court. It is critical that you politely decline to answer their interrogation questions and instead clearly assert your constitutional right to have an attorney present.

What if Cops Want to Search My Car or Home?

In the majority of scenarios, police officers are required to obtain a written warrant authorized by a court to legally conduct a search of your residence, vehicle, or person. You are under no obligation to agree to a search without a warrant, even if the officers attempt to pressure or intimidate you. However, please be aware that specific exceptions exist where they may search without a warrant, such as if you provide consent or if probable cause is established. If you find yourself in this position, contacting a Morgantown criminal lawyer immediately is crucial to protecting your rights.

What if I’m Charged With a Minor Offense? Do I Need a Lawyer for That?

It is typically in your best interest to have one of our skilled defense attorneys accompany you when you must appear before a judge. Your legal representative can offer a detailed explanation of the charges you are facing and work diligently to minimize potential penalties, such as heavy fines or jail time. While simple legal matters like minor traffic tickets might not demand full representation, other minor offenses often require professional intervention to ensure a fair outcome.

Felony vs Misdemeanor

Understanding the distinction between these two categories of crime is essential. Misdemeanors are considered less severe than felonies. In Pennsylvania, the most serious type of misdemeanor—a first-degree misdemeanor—can carry a maximum jail sentence of up to five years. Felonies, on the other hand, are far more serious allegations and can result in imprisonment for up to 20 years depending on the specific charge.

How Much Should I Tell My Attorney?

Providing your legal counsel with every single detail regarding your situation is pivotal to the success of your case. By being completely honest and accurate, you equip your legal team with the necessary tools to construct a robust defense strategy; even the smallest details can matter significantly. Failing to disclose the full truth or hiding facts places your Morgantown DUI attorney at a significant disadvantage, particularly if those facts surface during plea bargaining or trial proceedings.

Anything you disclose to your legal counsel remains strictly confidential and protected. Your lawyer is legally forbidden from sharing this information with anyone, including your own family members, without your explicit permission. Furthermore, prosecutors and police are prohibited from listening to or using any conversations you have with your counsel against you. This protection, known as attorney-client privilege, applies the moment you discuss your case with an attorney at our Berks County group, regardless of whether you ultimately decide to hire them.

How Much Will My Defense Cost?

The total financial investment required for your defense is contingent upon the complexity of your specific case. The cost is also determined by the amount of time your Morgantown criminal lawyer requires to represent you in court, as well as the hours dedicated to case preparation, research, and evidence review.

Is Jail Time a Possibility?

Incarceration may be a possibility, depending entirely on the charges filed against you, the specific facts of the incident, the severity of the case, and the defense strategy employed. The dedicated Morgantown DUI attorney assigned to your case will make every effort to achieve the most favorable outcome for you, aiming to reduce or eliminate the risk of jail time whenever possible. Call us at (304) 381-3656 now for free consultation.