Q. Can I be reimbursed my attorney fees if I am not found guilty of a crime I was charged with?

A. You have the option of filing a malicious prosecution lawsuit if you feel like recovering the attorney fees. But it is an extremely complicated procedure and more often than not you end up paying for an additional lawsuit and spending twice the money.

Q. Why does not District Attorney dismiss the charges if I am innocent?

A. Most of the crimes do no require huge amount of evidence. The DA could and will prosecute cases based on a solitary statement of a witness. DA has no right to dismiss any case. It is upto the jury to decide whether you are guilty or not. Remember this”You are innocent until proven guilty”.

Q. How long before the case filed against me is over?

A. It takes almost 6 months to resolve a criminal case. You however have the right to a speedy trial and you could use it on your discretion but it is best to wave this right. IF you don’t wave this right your attorney gets less time to prepare your case and this may lead you to loss of freedom or loss of life for you. If they get more preparation time they will be able to present your side of story better and they could have time to arrange witness of their own.

Q. Does the District Attorney dismiss the case if I clear the lie detector test?

A. No this will not be the case. The DA will not dismiss the case if you clear the lie detector test but you may use the fact as evidence in your case to sway the jury on your side.

Q. Is it mandatory for me to testify?

A. No it is not mandatory but it will help your case if you are able to tell your side of the story. If you have no previous records it often helps as it makes the jury think positively of you.

Q. Is the police officer always believed by the juries?

A. This is not entirely true. The police officers are as prone to making mistakes as we are but a highly decorated officer with a clean record may be a different case all together.

Q. Will the case be prosecuted if the victim doesn’t want to press charges or prosecute?

A. If the victim doesn’t press charges then there is no way you could be prosecuted but if he doesn’t want to prosecute then the DA can carry on the prosecution for him. Although it is very difficult or in fact impossible to prove charges without victim cooperation.

Q. Will the juvenile record included in a prosecution process?

A. Not always. In case of crimes with capital punishment the juvenile records may be opened but most of the cases the juvenile records are shut once you become an adult.

Q: How do you differentiate b/w probation and parole?

A: Probation is a criminal sentence where a person is allowed to live within a community but he has to adhere to some conditions like meeting his/her probation officer, refraining from committing further crimes and staying away from booze and drugs. Ii is a sentence that doesn’t have prison time. Parole involves releasing of a prisoner before his/her time is over to community at large. It means pre release under the condition that you may or may not commit further crimes.