What happens if I am arrested for breaking a criminal law?
If you are arrested for breaking a criminal law, the case is usually taken before a magistrate who may issue a warrant if necessary and set a bond for appearance in court. If the defendant cannot post bond, he or she may be incarcerated pending appearance in court. If bond is posted, he or she will remain free pending appearance at an arraignment. An arraignment usually occurs within 24 hours of the arrest, or the first date available if on a weekend or holiday. The arraignment is held before a judge who formally tells the defendant the offense in which he or she is being charged and informs the defendant of their constitutional rights and of the possible penalties involved. The defendant will enter a plea of guilty or not guilty at this time, the bond or bail may be reviewed, and a date for the next hearing is scheduled.
Can police officers use force to arrest me?
A police officer may use as much force as necessary for a criminal arrest, as long as it is reasonable and lawful. After an arrest is made, a police officer may apply handcuffs to a defendant if the officer thinks that it is necessary to prevent injury or escape. If the defendant claims an unlawful application of force was used by the arresting officer, a judge will hear the defendant’s argument and decide whether or not the force used was reasonable for the circumstances.
Will I be fingerprinted or have to be in a line-up?
If you are arrested, the police have the right to take your fingerprints and photographs. You may also be required to participate in a line-up, to provide a sample of your handwriting, to speak phrases associated with the offense, and/or to have samples of your hair taken. However, you may insist that an attorney be present during this time.
When Should I Hire A Lawyer?
If you are or may be accused of having committed a criminal act, it is almost always in your best interest to obtain legal representation as soon as possible. Portland criminal defense attorney Wm. Bruce Shepley protects clients from interrogation by the police, has critical witnesses interviewed as soon as possible, contacts the prosecutors when appropriate and performs other services that gives as much control and information to the client in a process that is often confusing, uncertain and, in many cases frightening. He is also able, with the client’s permission, to communicate with family and friends to assist in obtaining the best short term and long-term results for his clients. The sooner Attorney Wm. Bruce Shepley is involved in your case, the greater the chances of success.
Am I Going To Remain In Custody While The Case Is Pending?
For those cases where an arrest has been made or charges have already been filed, it is important to attempt to procure release for those individuals who remain in custody. For a person facing a criminal charge, the process is difficult enough without the additional trauma of spending time in jail. The remainder of the case is made much easier when a person is out of custody. Therefore, Portland DUI attorney Wm. Bruce Shepley makes every effort to procure the client’s release as quickly as possible.
What Is A Ballot Measure 11 Crime?
A number of years ago, the voters of Oregon voted to authorize mandatory minimum prison sentences for persons convicted of certain person-to-person crimes. These include certain homicides, robberies, kidnappings, serious assaults and a number of sexual offences. These are very serious matters given the severity of the sentences and the general lack of discretion given to judges in sentencing for these crimes. Simply stated, the laws surrounding Ballot Measure 11 have given prosecutors substantial powers. The work that must be undertaken to meet this power is proportionately greater than many other criminal cases.
What Does Attorney Wm. Bruce Shepley Charge For Representation?
Quality representation on criminal matters in not inexpensive. To say otherwise would be deceiving. The total cost of representation is affected by the complexity of the case, the seriousness and number of charges and the likely work involved in handling the case to completion. In addition to attorney fees, costs for investigators, experts and other aids may be needed. Many cases that are handled before criminal charges are filed are handled on an hourly basis. Those cases involving public charges are usually handled on a flat fee basis.
If you or someone you know in tri-county area of Portland, and Washington and Clackamas counties, needs the legal representation of an experienced trial attorney and criminal defense lawyer, call the Law Offices of William Bruce Shepley today, at 503-657-4436,