The Law Offices of P. Jeff Voll

How do I know which Attorney to hire?

It's actually quite simple. Go with an attorney who has a proven track record of favorable results for his or her clients such as case dismissals and not guilty trial verdicts. Ask your attorney how many jury trials he or she has personally conducted that resulted in a jury verdict. Ask to see proof, such as Trial Transcripts or Certified Dockets/Minute Orders which reference the prospective lawyer as the Trial Attorney. If your attorney can't provide the information, then it is highly likely he or she dumps their cases, i.e. they don't give a shit about the client (and the law!) and are simply using their license to practice law to plea their clients guilty at the clients expense (penal and monetary).

Who should I trust?

No one. Do not talk to your family, friends, co-workers, police, investigators, prosecutors or other inmates about your case. No one cares about your rights being protected except your defense attorney. If you are caught up in the criminal justice machine by facing criminal charges and possible jail time, no one is your friend except your lawyer. Too many cases result in a conviction based simply on what the defendant said to the police. Had the defendant exercised his right to remain silent from the beginning then the prosecutor would have had a uphill battle or the cop may not even have had enough information to file a report to send to the prosecutor's office.

What are the two most important things I should know if I am arrested?

(1) Exercise your right to remain silent! Say nothing and be calm and cooperative. If an officer asks to see your identification, show it to him. Don't be an asshole, that's the officer's job. Remember, delaying and obstructing the duties of a law enforcement officer is a crime.
(2) Call us toll free at (888)880-CRIME or (888)884-ABOGADO.

What if I am pulled over in my car and an officer starts asking me lots of questions?

(1) Ask the officer if you are under arrest. If he says yes, then exercise your right to remain silent and ask for a lawyer immediately. Be calm and cooperative.
(2) If he says no, then ask him to let you go and to stop violating your constitutional right to be left alone. Lots of cops will bullshit you and try to utilize legal jargon by telling you that you are just being detained and all they want to do is to search your car and/or your person. Get educated, don't let them search anything personal to you like your person or your car. You have a 4th Amendment right to be free from unlawful searches and seizures without a warrant.

What if an Officer knocks on the door of my home and asks for permission to search?

Never let an officer into your home without a warrant. Period. Let's face it, the cop is not there to ask you your opinion on the local Neighborhood Watch Program. If a cop bangs on your door and asks for permission to come in, chances are good that someone is being investigated for a crime. Beware it just may be you!

When can a police officer conduct a search?

As long as you provide consent an officer can make a search. Or, the officer can make a search upon presentation of a search warrant.

When can an officer search you or your possessions without a warrant?

An officer can conduct random searches of the car, body and home upon probable cause. An officer can search your car in an emergency or for probable cause. Home searches are confined to the area the defendant is taken into custody. Body searches can occur at the time of arrest.

What rights do I have at the time of arrest?

The Miranda rights for each citizen and non citizen are guaranteed by the United States Constitution. They are not required to be issued by police at the time of arrest. If this happens, your lawyer may ask that any statements made to the police not be used against you in court. These rights include:

(1) the right to remain silent
(2) the right to a lawyer present while you are questioned
(3) the right to an appointed lawyer if you cannot afford one.

When do I tell my side of the story?

The defendant's story is a critical piece of information that helps the judge and jury decide a case. The defendant presents his story to his attorney ONLY. After that, the attorney will tell the defendant's story. It is critical to remember that what the defendant says may be used against him. What the defense attorney says will not be used against the defendant. Of course the trial is the primary period of time where the defendant has the opportunity to present his story.

Do I have to talk to the judge or jury?

No. The defendant has a Constitutional right to remain silent. Whether to put the defendant on the witness stand is a decision the defendant and his attorney must make. Defense attorneys agree that it is sometimes better to keep the defendant off the witness stand, except in special cases. Once the defendant testifies, he opens himself to cross-examination by the prosecution. Because of this Constitutional right, the judge will instruct the jury that the defendant's failure to testify must not be considered in any way a sign that the defendant is guilty. Of course, if a defendant is entering a plea or accepting a plea bargain, he must answer the judge's basic questions with regard to his understanding of these actions.

Why do I keep seeing different attorneys and judges?

It is important that the defendant be comfortable with his legal team. A defendant may have one attorney or several, as each may be a specialist in a different area of law pertaining to the case. Prosecuting attorneys may work in teams as well. The defendant may appear before several judges throughout the process.

Must the police officer come to court?

The police officer is a member of the prosecution's team. He will come to court only if the prosecutor wants him to. The police officers and the prosecutors work together to present a case against the defendant. In some cases, if the police officer fails to show in court, the case may end in a dismissal.

When do I bring witnesses to court?

Witnesses may be key allies to the defense. The defense attorney is responsible for gauging the proper time to introduce witnesses in court. Witnesses usually first appear during trial.

What type of sentence may the defendant expect to receive?

There are a myriad of sentencing options for the judge to consider. Sentencing is based on the nature of the case, the defendant's past history, and the defendant's threat to the community. Some sentencing options include jail time, probation, fine, community service, treatment or imprisonment in a penitentiary.

When should a defendant plead guilty?

Sometimes the best result is a guilty plea. By avoiding a possible court trial, the defendant may plead to a lesser charge and therefore avoid a potential stiffer penalty. Most judges will offer a lighter sentence in exchange for a guilty plea at the arraignment. In addition, a guilty plea speeds the process forward and eliminates a long, drawn out trial process.

Will people know the defendant has a conviction on his record?

A conviction is public record and may be reviewed by the general public. The ability to expunge a conviction varies from state to state depending on the nature of the crime.

How long does a misdemeanor trial take?

A misdemeanor trial may take anywhere from one day to four weeks.

Is a misdemeanor conviction public record?

Yes.

How long does a felony trial take?

The length of a felony trial depends on the nature of the case. Generally, felony cases take between two months and one year to complete. A felony trial may last between five days to several months.

Is a felony conviction public record?

Yes.

Will a conviction result in my deportation if I am an illegal citizen?

Maybe. A misdemeanor or felony conviction may result in deportation or exclusion from re-admission to the USA if the person convicted is an illegal citizen or LPR (Lawful Permanent Resident).

What is the difference between federal and state laws?

Federal laws supercede state laws when the two come into play against one another.

Can I withdraw my plea of guilty or no contest?

The defendant may withdraw a plea by bringing a motion to withdraw a plea. A written motion has to be filed. In some jurisdictions the attorney prepares a written motion. In others, a court clerk will provide a form. In either case, the written document must be filed and a hearing for the request takes place.

May I represent myself without the benefit of an attorney?

Any defendant can represent himself without the benefit of an attorney. But remember the old adage which states - "One who represents himself has a fool for a client."

How can I get bail reduced?

Bail is set at the time of arraignment. It is determined by the seriousness of the defense. Bail is not mandatory. The judge has the right to refuse to issue bail. The defense attorney may bring a motion to reduce bail during any proceeding in front of the court. The judge will look at factors such as family history, background, professional responsibilities, past criminal history, and circumstances surrounding the case.

What if I don't like my public defender?

A request for a new public defender is rarely granted. The defendant's rights are limited to the appointment of an attorney and not to the attorney of their choice. The defendant must prove to the court that representation is sub-standard, even incompetent. That may be done through claiming personality conflicts, or differences in communication, ethics, strategy, or through a potential bias. Or better yet, call us. After all you have gotten this far reading my website.

What if I think the judge or prosecutor is biased?

The defense attorney may ask the judge to recuse himself (withdraw from the case) or he may file a motion with the court. In some states it is the automatic right of the defendant to recuse a judge on the basis the defendant believes the judge to be biased.

Si desea más información acerca de estos temas, llámenos directamente al (888) 880-CRIME o al (888) 884-ABOGADO..

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FAQs - Answers to important questions