- Frequently Asked Questions -

- CRIMINAL LAW -

Question

Can misdemeanors result in jail time?

Answer

Yes, misdemeanors can result in jail time.

Question

Will a case get thrown out if the police do not read off Miranda rights?

Answer

No, the Miranda rights do not affect the overall case. Miranda rights affect what evidence can be introduced during trial and the failure by the police to read Miranda rights gives cause to file a motion to suppress evidence.

Question

Do the police need to read the Miranda rights verbatim?

Answer

No, the police merely need to convey the essence of the Miranda rights. They must do this if they plan to use statements made after the Miranda warnings in a trial.

Question

What is bail?

Answer

Bail is money that the court will hold onto while the defendant is released from jail in order to assure that he or she will return for their court appearances.

Question

Who signs off on a search warrant?

Answer

A judge must sign off on a search warrant.

Question

Who can consent to a search of an apartment with multiple roommates?

Answer

Any occupant of an apartment can consent to searches of areas under their control or common areas. If there are multiple roommates present when the police ask for consent to search the apartment, consent must be given unanimously.

Question

Can someone get an arrest off of their record?

Answer

Yes, he or she would need to file a petition.