FAQ

Criminal - Frequently Asked Questions:

1. I just got a call from a police detective wanting me to come down and answer some questions for him. What are my rights and what should I do?

Answer: If you are ever contacted by any police agency (Federal, State, or Local) do not go down to answer questions. Contact me IMMEDIATELY. You are under no obligation to answer questions proposed by the police at all, despite what the police may say to you. The police commonly state that they want to hear your side of the story before deciding to file charges against you. DO NOT BELIEVE THEM. They may already have all the information they need and this just may be a way for them to get a "confession" out of you.

2. I just got all these papers in the mail for a fight I was in and they say I have a court date. What should I do?

Answer: Contact me IMMEDIATELY! You have been charged with a crime and need to appear in court to answer those charges. If you do not appear in court, you could be arrested and taken to prison. Bring all of the papers you received to your appointment with me.

3. I'm not sure whether or not I need an attorney. How do I know whether or not I need one?

Answer: It would depend on what you are charged with. Obviously, if you're sitting in prison on felony drug charges, you need to talk to me. If you have just received a citation for underage drinking and need to appear in front of the District Justice, you may not need an attorney to go with you, but you should consult with one about the risks of pleading guilty. You will lose your drivers license.

4. My home or car has just been searched and items were taken by the authorities.

Answer: Contact me IMMEDIATELY! This means that the authorities have enough probable cause about you to obtain the search warrant in the first place. If items are seized you will almost certainly be charged. The time gained between the search and any charges filed is invaluable. Counseling you not to make any statements and contacting the authorities to allow you to surrender yourself if charges are brought is advantageous.

5. I have just been arrested and have not made bail. What do I do?

Answer: Contact me IMMEDIATELY! I have counseled people in jail for over 20 years on how to make bail. Contact me at home at (814) 466-7485. It is important that you make bail even in the evening or on weekends.

6. I've just been sentenced and my attorney did not do some things I think he should have. What do I do?

Answer: In Pennsylvania if you are sentenced to less than two (2) years maximum sentence you are entitled to bail pending appeal. If your sentence exceeds two (2) years maximum, you may still be granted bail. You have only thirty (30) days from the date of your sentencing to appeal. If this time has passed, you may still be able to appeal, in some limited circumstances. I have a large appellate practice, so please contact me so we may discuss your appeal.

 

© 2001 Joseph M. Devecka. All rights reserved.