Summary. This guide is written for the person charged and the people helping them. It explains what to do and say in the first hour and the first day, how to prepare the release package that determines whether someone waits for trial at home or in jail, how to choose and work with counsel, what to expect at each court appearance, how to evaluate a plea offer including the collateral consequences that outlast the sentence, and how sentencing mitigation actually works. It also covers the mistakes that convert manageable cases into serious ones.
The hardest thing about a criminal case for the people living through it is that the most important decisions come first, when nobody knows anything, and the least important come last, when everyone finally understands the situation.
This guide inverts that. It tells you what matters, in the order it will happen to you.
Part 1 — The first hour
If police want to talk to you
Say these three sentences. Then stop talking.
"I am going to remain silent." "I want a lawyer." "I do not consent to any search."
Say them clearly, not tentatively. Courts have held that ambiguous statements — "maybe I should get a lawyer" — do not invoke the right.
Then actually stop. This is where people fail. The officer will say the lawyer will just complicate things, that this is your chance to tell your side, that they already know everything and are giving you a chance to explain. All of that is lawful interview technique. The correct response to every version of it is silence.
Why silence is not an admission. It cannot be used against you at trial. A statement can be, in every case, forever, in a form you did not intend and cannot correct.
Do not consent to a search of your person, car, home, or phone. If the officer has a warrant or an exception applies, the search will happen anyway and you have lost nothing. If not, your consent has just supplied what the law would have required a judge to authorize. Saying "I do not consent" is not resistance and is not a crime.
Do not resist, argue, or run. Every one of those creates a new charge that is far easier to prove than whatever you were stopped for.
Remember and write down, as soon as you can: the time, the officers' names and badge numbers, what was said, who was present, and what was searched or seized.
If you are arrested
- Comply physically; object verbally and only briefly.
- Repeat the three sentences.
- Say nothing to anyone in the vehicle, in booking, or in the holding cell.
- Assume every phone call from a jail is recorded, and it is. Recorded jail calls are used at trial constantly, and defendants convict themselves on them regularly. Do not discuss the facts of the case on a jail phone. Not with your family, not with your girlfriend, not in code.
- Do not discuss the case with other people in custody. Cellmates testify.
- Ask for medical attention if you need it, and make sure it is documented.
Part 2 — The first day, for family members
You have a job, and it is more consequential than it feels.
Find a lawyer, or make sure one will be appointed. If you are hiring, call several. Ask: How many cases like this have you handled in this courthouse? Do you know this prosecutor and this judge? What is the fee, what does it cover, and what happens if the case goes to trial? Who will actually appear? Get the fee agreement in writing.
Build the release package. This is the single most useful thing family members do, and almost nobody knows to do it. Bring to the bail hearing:
- A verified address where the person will live, with the name and phone number of the person they will live with, and a letter from that person.
- Employment verification — a letter from the employer confirming the job remains available.
- Community ties — how long in the area, family locally, children, school enrollment.
- A proposed third-party custodian willing to appear and be responsible.
- Treatment or program enrollment, if substance use or mental health is any part of the picture. An intake appointment already scheduled is far more persuasive than an intention.
- Medical needs requiring care unavailable in custody.
- Proof of prior court appearances in any earlier case.
Understand the money before you spend it. Cash bail is refundable at the end of the case (minus fees in some jurisdictions). A surety bond costs a non-refundable premium — typically ten percent — that you never get back. Many jurisdictions offer release on conditions with no money at all, which is the outcome the release package is trying to produce. Do not sign a bond contract or pledge property without reading it.
Do not repeat what the accused told you. There is no general family privilege in most states. Relatives are subpoenaed and asked what they were told.
Preserve evidence now. Photographs, receipts, text messages, phone records, surveillance video from nearby businesses (which overwrites in days), and the names and numbers of every witness. Nobody else is doing this.
Do not contact the complaining witness. Not to apologize, not to explain, not to ask them to drop it. That is witness tampering or intimidation in many states, it is a new felony, and it destroys the underlying case's negotiating posture. If there is a no-contact order, it binds the defendant absolutely — including through third parties and social media.
Part 3 — Getting and working with a lawyer
Appointed counsel. If you cannot afford a lawyer, ask the court to appoint one at the first appearance — a right that traces to Gideon v. Wainwright, 372 U.S. 335 (1963) and, in federal court, to 18 U.S.C. § 3006A. Public defenders are frequently the most experienced criminal practitioners in a courthouse; their constraint is caseload, not competence.
Retained counsel. Ask about experience with this charge in this court, about trial experience specifically, and about who will handle each appearance. Be skeptical of anyone who promises an outcome at the first meeting — nobody can, because nobody has seen the discovery.
How to be a client whose case goes better:
- Tell your lawyer the bad facts first. A bad fact known early is managed. A bad fact discovered at trial is a disaster.
- Everything you tell your lawyer is privileged. Everything you tell anyone else is not.
- Return calls, appear on time, comply with conditions, and bring documents.
- Ask questions until you understand. "What is my exposure if I lose at trial?" "What is the offer?" "What are the collateral consequences?" are all questions you are entitled to have answered clearly.
- Do not talk about the case on social media, on jail phones, or to friends.
Part 4 — What happens at each court date
Initial appearance / arraignment. Charges read, counsel appointed, release conditions set, plea of not guilty entered. Short. Consequential mostly because of the release decision.
Preliminary hearing (in many states). A judge decides whether there is probable cause. The defense may cross-examine the state's witnesses — often the only pretrial opportunity to do so under oath. In federal court, a grand jury indictment substitutes for this.
Status conferences. Scheduling, discovery disputes, and plea discussions. Attendance is usually required even when nothing appears to happen.
Motion hearings. Where suppression and other pretrial issues are litigated. This is where a great many cases are actually decided.
Trial. Rare, in the sense that most cases resolve before it, but the entire negotiation happens in its shadow.
Sentencing. After a plea or a conviction.
Appear at every one, early, and dressed as if the outcome matters — because it does. A missed date produces a bench warrant, and a bench warrant produces an arrest at the worst possible moment, a worse bail posture, and sometimes a new charge. If you genuinely cannot appear, call your lawyer before the hearing, not after.
Part 5 — Discovery, and what to do with it
Your lawyer will receive the government's file. Read it together.
What to look for, and what you can help with:
- Do the reports match what happened? You are the only person who knows. Time discrepancies, a described location that is wrong, a claimed statement you did not make — all of it matters and only you will spot it.
- Is there video? Body camera, dash camera, business surveillance, doorbell, transit. Ask specifically. Video is the most powerful evidence in modern criminal practice and it disappears if not requested quickly.
- Who are the witnesses, and who is missing? A witness who saw the whole thing and was never interviewed is a defense witness.
- Are there phone or location records that establish where you were?
- What is your criminal history record, and is it accurate? It drives bail, offers, and sentencing more than the current charge does. Records routinely contain other people's cases, dismissed charges reported as convictions, and miscategorized offenses.
On Brady. The prosecution must disclose evidence favorable to you and material to guilt or punishment — Brady v. Maryland, 373 U.S. 83 (1963) — including impeachment material and deals given to cooperating witnesses, Giglio v. United States, 405 U.S. 150 (1972). This obligation exists whether or not anyone asks.
Part 6 — Suppression: when the evidence goes away
If the search, stop, or statement was unlawful, the evidence can be excluded — and cases frequently collapse when it is.
Common grounds:
- The stop lacked reasonable suspicion, or was prolonged beyond the time needed for its purpose.
- The arrest lacked probable cause.
- The search had no warrant and no exception.
- Consent was not voluntary, or came from someone without authority to give it.
- The warrant was defective, overbroad, or based on a false or reckless affidavit.
- The statement was custodial interrogation without Miranda warnings — see Miranda v. Arizona, 384 U.S. 436 (1966) — or was involuntary.
- The identification procedure was impermissibly suggestive.
Even an unsuccessful suppression motion has value: it puts the officer under oath, on the record, months before trial, describing exactly what happened.
Part 7 — The plea decision
Most cases end here. Approach it as the most important decision in the case, because it is.
What you need before deciding:
- The discovery reviewed and the investigation done.
- The suppression motions decided, or a clear assessment of them.
- Your maximum exposure if convicted at trial, including mandatory minimums and enhancements.
- The realistic sentence under the offer.
- The collateral consequences of the offered disposition — analyzed in writing.
- Whether a diversion or deferred disposition is available.
The five questions to ask before any plea:
Immigration: What are the consequences if I am not a citizen? Counsel is constitutionally required to advise on this — Padilla v. Kentucky, 559 U.S. 356 (2010) — and a plea can end lawful status permanently. See Removal Proceedings and Humanitarian Relief.
Licensing and employment: Does this offense bar or jeopardize my professional license, my commercial driver's license, my security clearance, my ability to work with children or in health care?
Firearms: Does this create a federal or state possession prohibition?
Record clearing: Can this ever be sealed or expunged, and after how long? Would a different disposition be clearable when this one is not?
Probation: What exactly are the conditions, what does violating them expose me to, and what will the fines and fees actually total?
If those five questions have not been answered — in writing — the plea is not ready.
Understand what kind of agreement you are signing. Under Fed. R. Crim. P. 11 and its state analogues, a recommendation does not bind the judge and you cannot withdraw if the judge disagrees; an agreed specific sentence binds the court if accepted and permits withdrawal if rejected. Those are very different documents.
Ask about appellate waivers. Most agreements waive most appeal rights. That is usually acceptable and occasionally is not.
The decision is yours. Counsel must convey every formal offer — Missouri v. Frye, 566 U.S. 134 (2012) — and must advise competently, because bad advice that causes a rejected plea and a harsher sentence violates the Sixth Amendment, Lafler v. Cooper, 566 U.S. 156 (2012). But the choice belongs to the defendant.
Ask about diversion every time. Pretrial diversion, deferred adjudication, drug court, mental health court, and veterans court exist in most jurisdictions, frequently produce a dismissal and a clearable record, and are available only if requested.
Part 8 — Sentencing, and how mitigation actually works
If there is a sentence to impose, the hearing is not where the work happens. The work happens in the weeks before.
The presentence report drives the outcome in most systems. Read it carefully and object on schedule under Fed. R. Crim. P. 32 or the state equivalent. Errors in criminal history, relevant conduct, and enhancements are common and each carries real months.
The mitigation package should be substantial and specific:
- Letters of support that describe concrete things the writer has observed, not adjectives. "He has coached my son's team for four seasons and drives two other boys to practice" is worth ten letters saying someone is a good person.
- Employment records and a letter confirming a job is available on release.
- Treatment records — enrollment, attendance, progress, negative tests.
- Medical and mental health history, including trauma, where relevant.
- Restitution paid or a payment plan begun before sentencing.
- A concrete plan: where the person will live, work, and receive treatment, with names and addresses.
- A statement from the defendant that accepts responsibility without minimizing, if a plea has been entered. Judges hear a great many statements that blame circumstances, and they notice the ones that do not.
In federal court, the framework is 18 U.S.C. § 3553(a), which requires a sentence "sufficient, but not greater than necessary," with the Guidelines advisory after United States v. Booker, 543 U.S. 220 (2005).
Address the fees at sentencing. Court costs, supervision fees, testing fees, and monitoring fees add up, and non-payment can trigger a warrant or a violation. Ask for a payment plan, a waiver, or community service conversion at the hearing, not after a default.
Part 9 — Probation and supervision
More people are incarcerated for violating supervision than for the original offense in many jurisdictions. Treat the conditions as the sentence, because they are.
Rules that prevent most violations:
- Know every condition in writing. Ask for a copy.
- Communicate with the officer before missing an appointment, a payment, or a test — not after.
- Document everything: attendance, payments, employment, program completion.
- Report a change of address, employment, or contact information immediately.
- If you relapse, tell the officer or your lawyer before the test does.
- Do not travel out of the jurisdiction without written permission.
If a violation is alleged, understand that the proceeding uses a lower standard of proof, offers narrower confrontation rights, and can expose you to the full suspended sentence. Get counsel. Show up with proof of compliance on everything else and a plan addressing the failure.
Part 10 — After the case
Ask about record clearing at sentencing, and calendar the eligibility date. Expungement, sealing, set-aside, and certificates of relief vary enormously by state, generally require completion of the sentence and payment of all financial obligations, and frequently require a petition nobody will file for you. A growing number of states seal eligible records automatically after a waiting period — find out whether yours does.
Know what sealing does not do. It generally does not erase the conviction for immigration purposes, for law enforcement, or for certain licensing inquiries.
Restoration of rights — voting, firearms, jury service — follows separate rules in each state and sometimes requires its own petition.
Direct appeal is taken on the record made below, generally within a short deadline measured in days or weeks after judgment. Only preserved issues get ordinary review. Collateral review — habeas or a § 2255 motion — is the route for claims depending on facts outside the record, principally ineffective assistance under Strickland v. Washington, 466 U.S. 668 (1984), and it carries a one-year limitations period and strict procedural bars. Tell your lawyer immediately if you want to appeal; the deadline is short and it is not extended by indecision.
Common charge types, and what is distinctive about each
The general sequence applies everywhere. These are the case-specific things worth knowing.
Driving under the influence. Two proceedings run in parallel and people miss the second one. The criminal case proceeds in court. The administrative license suspension proceeds through the motor vehicle agency, and the deadline to request a hearing is frequently seven to fifteen days from arrest — far shorter than anything in the criminal case, and missing it forfeits the license regardless of the criminal outcome. On the merits: challenge the reasonable suspicion for the stop, the administration and interpretation of field sobriety tests, the calibration, maintenance, and operator certification records for breath instruments, the observation period, and the chain of custody and testing protocol for blood. Refusal carries its own penalties and, in many states, an evidentiary inference. Ignition interlock, treatment, and restricted-license programs are frequently available and must be asked for.
Domestic violence. A no-contact order will issue and it binds the defendant absolutely — including through third parties, social media, and messages passed by children. Violating it is a new offense and eliminates any credibility the defense had. The complaining witness's wishes do not control the prosecution; many offices proceed on the evidence regardless. The collateral consequences are unusually severe: a federal firearms prohibition attaches to certain misdemeanor domestic violence convictions, immigration consequences are harsh, and family court custody proceedings will use the criminal record. Where the facts support it, self-defense and mutual-combat theories must be developed early with photographs and medical documentation.
Drug offenses. The case usually turns on the search. Beyond suppression: challenge constructive possession where the substance was not on the person, challenge quantity and weight including whether packaging or filler was included, and challenge the laboratory analysis and its chain of custody. Intent-to-distribute inferences drawn from scales, packaging, and cash are attackable. Drug courts and treatment-based diversion are widely available and produce dismissals. Sentencing enhancements based on proximity to a school or park, and mandatory minimums keyed to weight thresholds, mean that charging decisions matter enormously.
Theft, fraud, and property offenses. The dividing line between misdemeanor and felony is a dollar threshold, so valuation is a defense: fair market value at the time of the offense, not replacement cost or retail price. Restitution paid before sentencing changes outcomes materially. Many jurisdictions offer restitution-based diversion for first offenses. In fraud cases, loss calculation drives sentencing far more than the conduct description does, and it is frequently overstated in the initial charge.
Assault and violent offenses. Self-defense is an affirmative defense in most states, sometimes with a burden on the prosecution to disprove it once raised. Photograph injuries immediately — including the defendant's. Obtain medical records for both parties. Identify every witness before their memories consolidate around the complaining witness's account. Video, again, decides these cases more often than testimony does.
Firearms offenses. After Rehaif v. United States, 588 U.S. 225 (2019), the government must prove the defendant knew of the status that made possession unlawful — a real element with real litigation value. Constructive possession, the lawfulness of the search, and the validity of any predicate conviction are the other recurring issues.
Probation and parole violations. Not a new prosecution: a lower burden of proof, narrower confrontation rights, and exposure to the full suspended sentence. Arrive with documented compliance on every condition other than the alleged violation, and with a concrete remedial plan.
Juvenile matters. Different vocabulary — petition, adjudication, disposition — a rehabilitative orientation, generally no jury, and confidentiality protections. But immigration, school discipline, firearms, and registration consequences can still attach, and transfer to adult court is possible for serious offenses. Do not treat the softer terminology as low stakes.
Money: what a criminal case actually costs
Nobody explains this, and it drives decisions.
| Item | Typical range |
|---|---|
| Retained counsel, misdemeanor | $1,500–$7,500 flat |
| Retained counsel, felony (pre-trial resolution) | $5,000–$25,000 |
| Retained counsel, felony trial | $25,000–$150,000+ |
| Appointed counsel | Free, sometimes with a small application fee or recoupment order |
| Bail bond premium (non-refundable) | 10% of the bond amount |
| Court costs and fees | $200–$2,000+ |
| Supervision fees | $30–$100/month |
| Drug testing | $15–$50 per test |
| Electronic monitoring | $10–$25/day |
| Treatment programs | Varies; often sliding scale |
| Restitution | Actual loss |
| Expungement petition | $100–$500 plus counsel |
Two observations. First, the fees and supervision costs frequently exceed the fine, and non-payment can produce a warrant — which is why an ability-to-pay inquiry and a payment plan requested at sentencing matter as much as the sentence length. Second, an appointed lawyer with a heavy caseload who knows the courthouse is often a better outcome than a retained lawyer who does not practice criminal law; do not equate cost with quality.
What to expect emotionally, and why it matters strategically
The process is slow, public, and humiliating, and the waiting is the hardest part. Cases take months. Court dates get continued for reasons nobody explains. You will sit in a hallway for three hours to be told to come back in six weeks.
Two practical consequences.
First, do not let the exhaustion drive the plea decision. Prosecutors and courts know that delay produces pleas, and the impulse to "just get it over with" arrives at exactly the moment when the investigation and motions have not yet been completed. The offer will usually still be there, and it frequently improves.
Second, take care of the collateral life while the case runs. Keep the job. Keep the housing. Start the treatment before anyone orders it. Enroll in the class. Pay the restitution early. Every one of those is simultaneously the right thing to do and the most persuasive material in the mitigation package — and each is far easier to do at month two than at month ten.
For family members: the most useful role is logistical and steady. Drive to court. Keep the calendar. Hold the documents. Do not investigate on your own, do not contact witnesses, and do not discuss the facts on jail calls. And understand that the person charged is often the least able to organize their own defense at exactly the moment organization matters most.
A worked example, from the family's side
Tuesday, 11 p.m. Devon, 24, is arrested outside a bar after a fight. His mother gets a call from the jail. He starts to tell her what happened.
What she does right, immediately. She interrupts and says: "Don't tell me anything about it on this phone. It's recorded. We'll talk when you're out." Then: "Don't talk to anyone there. Ask for a lawyer at your first appearance."
Wednesday morning. She calls three criminal defense lawyers. Two are unavailable; one takes the call, explains the likely charge and the bail process, and quotes a flat fee for pre-trial representation with a separate trial fee. She also learns Devon may qualify for appointed counsel and that asking for one does not prevent hiring someone later.
Wednesday afternoon — the release package. She assembles: a letter from Devon's employer confirming his job is held, a signed letter from herself offering him a room and agreeing to serve as third-party custodian, proof he has lived in the county eleven years, his enrollment confirmation for an anger management program starting the following week, and a printout showing he appeared at every date on an old traffic matter.
Wednesday, 3 p.m. She drives past the bar and photographs the exterior, noting two businesses with visible cameras and writing down their names. She sends the lawyer their addresses that evening, and the lawyer sends preservation letters Thursday morning. One of the two systems overwrites in seven days.
Thursday — first appearance. Charge: felony assault. The release package is handed up. Devon is released on conditions — no contact with the complaining witness, no alcohol, weekly check-ins — rather than held on a $25,000 bond the family could not have posted without a $2,500 non-refundable premium.
What happens over the next four months. The preserved video shows the complaining witness shoving Devon first and shows a third person, never interviewed, who saw the whole thing. Devon's medical records document a fractured hand consistent with a defensive strike. The lawyer submits a package to the prosecutor before the preliminary hearing.
Outcome. The felony is reduced to a misdemeanor with a deferred disposition: twelve months of good behavior, completion of the anger management program he had already started, and restitution for the complaining witness's medical bill. On completion, the charge is dismissed and becomes eligible for expungement.
What actually made the difference. The interrupted jail call. The release package assembled in a single afternoon. And a photograph of two security cameras, taken by someone with no legal training, thirty-six hours before the footage would have been gone.
The ten mistakes that make cases worse
- Talking to police.
- Consenting to a search.
- Discussing the case on a recorded jail phone.
- Contacting the complaining witness.
- Missing a court date.
- Violating a release condition.
- Posting about the case online.
- Hiding a bad fact from your own lawyer.
- Pleading guilty before the discovery has been reviewed and the collateral consequences analyzed.
- Ignoring probation conditions, fines, and fees until a warrant issues.
Every one of these is entirely within the defendant's control, and every one of them appears in a large share of the cases that go badly.
If you are a witness, a victim, or a bystander
Not everyone touched by a criminal case is the defendant, and the other roles come with their own rules.
If you are a witness. You may be interviewed by police, by the prosecution, and by the defense — and you are generally free to speak with any of them, or with none. Nobody may tell you that you are forbidden to talk to the other side; that instruction is improper. If you are subpoenaed, you must appear, and the way to change a date is a call to the issuing lawyer or a motion, not silence. If your own testimony might incriminate you, say so and ask for counsel before answering; you may be entitled to appointed counsel or to immunity.
If you are a victim. Most states have victims' rights statutes providing notice of proceedings, the right to be heard at bail and sentencing, the right to confer with the prosecutor, restitution, and protection from intimidation. These rights must usually be requested through the prosecutor's victim-witness office. Understand also what you do not control: the charging decision, the plea, and whether the case proceeds if you would rather it did not. A victim impact statement at sentencing is often the most influential document a court receives.
If you were harmed and want compensation. State crime victim compensation funds cover medical costs, counseling, lost wages, and funeral expenses, typically require prompt reporting and cooperation, and have short application deadlines. They are separate from restitution and from any civil claim. A civil suit against the person who caused the harm proceeds independently of the criminal case, on a lower burden of proof — see Car Accident and Personal Injury Claims and Proving Damages in Civil Litigation.
If you were injured by law enforcement. A separate civil remedy may exist under 42 U.S.C. § 1983, with its own short limitations period and its own doctrinal barriers. It runs on a different clock than the criminal case, and it interacts with the criminal outcome in ways that require counsel — see Section 1983 Civil Rights Litigation.
The document file to build, and keep
A criminal case generates paper for years, and the defendant is the only person who will still have all of it in five years when an expungement petition or an immigration application needs it.
Keep, in one place:
- The charging document — complaint, information, or indictment — and every amended version.
- The bond or release order, with every condition listed.
- Every court notice, with the date of every appearance.
- The complete discovery your lawyer received, including reports, video (on a drive, not streaming), lab results, and witness lists.
- Every written offer and the final plea agreement.
- The transcript of the plea colloquy, if one exists. This document decides later immigration and post-conviction questions and it is much easier to obtain now than in six years.
- The judgment and sentence, showing the statute of conviction, the subsection, and the disposition.
- Proof of completion — program certificates, community service verification, restitution receipts, and the final probation discharge order.
- Receipts for every payment of fines, fees, costs, and restitution.
- The final order of dismissal, discharge, or expungement.
Why items 6, 7, and 10 matter most. Immigration consequences turn on the exact statute and subsection of conviction and on the factual basis stated at the plea. Licensing boards ask for certified dispositions. Expungement petitions require proof that all financial obligations were satisfied. Court files are purged, lawyers retire, and clerks lose records. The defendant's own file is the only reliable archive, and assembling it costs nothing while the case is open and is nearly impossible a decade later.
Frequently asked questions
"Can I just explain? I didn't do anything wrong." No. This is the belief that costs more people more than any other. Officers are trained interviewers, interviews are recorded, and the statement you give to end the encounter becomes the government's evidence. If you are innocent, silence protects you; it cannot be used against you, and it preserves your lawyer's ability to present the facts in the right forum.
"If I ask for a lawyer, won't that make me look guilty?" It cannot be used against you, and it is what every lawyer in the country would do if arrested. Officers sometimes suggest otherwise. That is technique, not law.
"The charge is only a misdemeanor. Do I really need a lawyer?" Look past the sentence to the consequences: immigration status, professional license, firearms rights, housing, employment screening, and whether the record can ever be cleared. A misdemeanor conviction ends careers routinely. At minimum, get a consultation before pleading to anything.
"How much of the police report is true?" Reports are written from memory, hours later, by a person with a view of the incident. They are often accurate in outline and wrong in detail — times, distances, sequences, and quotations. Read yours against your own memory and against any video, and tell your lawyer every discrepancy.
"They said if I cooperate it will go easier." Any promise worth anything comes from a prosecutor, in writing, through your lawyer. Cooperation is a real and sometimes valuable option, and it is negotiated with counsel, never improvised in an interview room.
"Should I take a lie detector test?" Not without counsel. Polygraph results are inadmissible in most courts, but the interview surrounding one is not, and the statements made during it can be used.
"Can I get my property back?" Seized property is returned through a specific motion or administrative process, and property subject to forfeiture proceeds on its own track with its own short deadlines. Ask your lawyer early; forfeiture deadlines are missed constantly.
"What if I can't afford the fines?" Ask for an ability-to-pay determination, a payment plan, a fee waiver, or conversion to community service — at sentencing. Most jurisdictions now require such an inquiry before incarcerating someone for non-payment, but it must be requested.
"How do I find out what happened in my own case?" Court records are largely public. You can look up your case number online in most jurisdictions, and you are entitled to your own file from your lawyer. See Public Records and Open Meetings Laws.
Related documents
- The Criminal Case From Arrest to Appeal
- Criminal Defense Intake and First Appearance Checklist
- Criminal Defense Toolkit
- Removal Proceedings and Humanitarian Relief
- White Collar Criminal Investigations
- Responding to a Grand Jury Subpoena
- Defending a Professional License Before a State Board
- Section 1983 Civil Rights Litigation
- Types of Lawyers: A Field Guide
- Public Records and Open Meetings Laws
This guide is educational and not legal advice, and it does not create an attorney-client relationship. Criminal procedure varies substantially between jurisdictions and deadlines are short. Anyone facing criminal charges should consult a licensed criminal defense attorney immediately; if you cannot afford one, ask the court to appoint counsel at your first appearance.