1. Q: Should someone speak to the police after being arrested?
A: First and foremost, you have the right to remain silent and the right to speak to a lawyer before you say anything to the police. As a general rule of thumb, I advise all clients, that once arrested to not make any statements unless you are in the presence of your attorney and your attorney deems it appropriate for you to make statements. I usually decide to not give statements to law enforcement, simply because you never know what information could be used against you.
2. Q: Is a restraining order and an order of protection the same? Also, how long do they usually last?
A: Yes, it is the same. In New York State they are actually called Order of Protection. Orders of protection can vary from limited, in which contact is allowed. Some orders of protection are referred to as full in which no contact is allowed. An order of protection can be re-issued for as long as the case lasts. The duration of an order of protection, varies based on the type of case involved.
3. Q: If I am arrested, but not read my Miranda rights will my charges get dropped?
A: A common misconception is that if Miranda Warnings are not read, the entire case will be dismissed. Unfortunately, an automatic dismissal for failure to read Miranda Warnings is not likely. If the police for some reason fail to read you your Miranda Rights, the prosecutor can not use anything you say against you as evidence at trial.
4. Q: Are there alternatives to going to jail or prison?
A: For most charges if a person is convicted the District Attorney’s Office will usually have a wide range of sentence offers that they could make. The judge will also have a wide range of sentences they can impose. Therefore, it is important for you to have an attorney that can explore every possible sentencing scenario in hopes of avoiding incarceration.