FAQ
FAQ: Ask the Jones Law Group
If you have a question you would like to submit to the Jones Law Group for inclusion in this column please e-mail it to: info@lyndafjones.com
Disclaimer: The Jones Law Group PLLC provides the information in this web site for informational purposes only. The information does not constitute legal advice. The use of this site does not create an attorney-client relationship. Further communication with us through the web site and e-mail may not be considered as confidential or privileged. Please contact Mrs. Jones if you wish to discuss in more detail the contents of this web site.
Q: What are my rights if I get arrested?
A: You have the right to be represented by a lawyer. In fact, you do not have to speak to the police until your lawyer is present. While this can be a confusing time, it’s important to contact a responsible, proven lawyer. Please feel free to call me, Lynda Jones at (615) 983-4500.
Important constitutional rights that every defendant has are:
- Right to a fair and speedy trial
- Right to be provided in writing with exactly what you are charged
- Presumption of innocence
- Right to an attorney
- Right to cross examine and confront witnesses
- Right to remain silent
- Right to use courts subpoena power to compel witnesses to testify
- Right to a jury trial, in most cases
Q: Can an officer pull me over for no apparent reason?
A: No, an officer should have just cause to stop you; there should be reasonable belief that you have violated the law.
Q: What is the difference between being stopped and arrested?
A: A stop occurs when the police officer detains you to ask you questions but does not move you to a different location. If you are arrested, the officer will read you your Miranda Rights, which are primarily the constitutional rights listed above and transfer you to a different location.
Q: Do I have to answer the officer’s questions?
A: No. You have the right to remain silent, and you have the right to have an attorney present for questioning.
Q: Can the police search my car?
A: The police need your consent to search your car unless they have “probable cause,” which means reasonable suspicion that a crime has been committed. This is a legal determination that you won’t be able to challenge until later. Because of this, you may want to tell the police officer that you do not consent to the search of your vehicle. Then if it is later determined there was not “probable cause,” at least you never consented to the search.
Q: What is the difference between a felony and a misdemeanor?
A: A Felony is a serious crime for which the sentence is a prison term of greater than one year. Felonies include rape, murder, burglary, and kidnapping. Sentences under a felony offense are served in state prisons.
Misdemeanors are crimes in which the sentence imposed is less than one year. Misdemeanors are less serious than Felonies and are punishable by fines, and or time in a county or city jail, rather than state prison. Misdemeanors include public intoxication, some DUI offenses, traffic violations, disturbing the peace, simple assault and battery, and petty theft.
Contact Lynda Jones for a free personal and confidential consultation today! (615) 983-4500 or email here.
