Client Information Sheet
You are charged with a crime. You probably have many questions. Our firm has prepared this Client Information Sheet to answer some of those questions. Read this carefully and be sure to follow any instructions. Read it again or ask our firm if there is anything which you do not understand.
- You are charged with a crime. This means the police think you are guilty. You may or may not be. Either way, the most important rule to follow at all times is this: Never tell anyone except your attorney or attorney's office staff anything about your case. Don't say you did it. Don't say you didn't do it. Don't explain yourself. Don't say anything to anyone about your situation. Even if you say something perfectly innocent, there may be a way to use it against you. And anyone can be used as a witness against you, even your relatives, friends, and cellmates. Don't take a chance -talk only to your lawyer.
- If you're innocent feel confident it will come out that way. Still don't say anything to anybody about the case. Somebody thinks you're guilty and anything you say might complicate establishing your innocence.
- Even if you're guilty, don't be discouraged. You may be guilty of only a less serious offense than the one charged. And if you're proven guilty, your attorney can still help you get the best sentence -- whether probation, a short sentence, or otherwise.
- Bail money is put up to allow you to remain free while your case is pending. A defendant is allowed to post bail while his or her case is pending except in cases of first degree murder, capital sexual battery, and violation of probation. Then it's the judges decision. Bond is an insurance policy issued by an insurance agent (called a "bondsman") who charges a premium (usually 10 percent) for posting a bond. If you put up cash, you get it back if you always appear in court when you should. If you get a bond, you don't get the premium back. If you are still in jail, your attorney will try to help you bail out. If bail is set too high, your attorney may be able to get the judge to reduce it.
- If you can't bond out, you'll be taken to court within about twenty-four hours of your arrest. There are three purposes for this. The judge will make sure you understand your constitutional rights, particularly the right to remain silent. The judge also wants to find out if you have or will have an attorney. The judge may also reduce the bond, but there may be good reasons not to reduce the bond at the first appearance.
- Arraignment. After you are arrested, you can't be tried until the prosecutor files formal charges. The police don't do this. Once formal charges are filed by the prosecutor, you may have to go to court to plead guilty or not guilty. Normally, however, your attorney will take care of this by filing certain papers to enter your plea without going to court.
- The initial plea. Normally your attorney will enter a not-guilty plea. This gives your attorney the right to learn about the strength of the State's case, investigate possible defenses, and prepare for possible trial. Even if you are actually guilty, a not-guilty plea allows the attorney time to prepare the best case for a proper sentence.
- Setting the trial date. Your trial date will be set at or about the time of arraignment. Your case will probably be set for trial more than a month away. This is because there are other cases ahead of yours and your attorney needs the time to prepare.
- Your conduct. Between your arrest and trial, you must behave yourself. The last thing you need is more trouble. Try not to worry. If there is anything you need to know, your attorney will let you know. For the first few weeks, your attorney won't know much until your attorney has had the chance to file motions and investigate to learn more about the strength of the State's case against you. Surprisingly, your version of the case is much less important than the State's version. The State has to prove its case and your attorney needs to find out just what the State can prove, if anything, before your attorney knows how to defend the case. Until your attorney needs your help try to resume a normal life and try not to worry too much about your case. Your attorney will make a number of motions to obtain information about your case and to gather information through various court procedures. In the weeks while your attorney is working on your case, try to live as normal a life as possible.
- Your trial date. Your case probably won't be the only case set on your trial date. A trial date is usually set on Monday and could be tried anytime during the week. Your attorney will tell you when and where to appear. Even if your case is set during a particular trial week, it may not be reached if other cases before yours take too long. Don't plan on necessarily getting your case over with on the trial date set. Your attorney will do his best to tell you when your case will be reached.
- Trial. If your case is actually going to trial, your attorney will explain what to expect.
- A change of plea. After investigating your case completely and making all helpful motions, you and your attorney may decide to change your plea to the charge or to some less serious charge. While your attorney may make a recommendation in this regard, it will be your decision to make based upon his advice. If this happens, your attorney may talk to the prosecutor about trying to agree on a sentence. If your attorney and the prosecutor can agree on a sentence with which you agree, the judge doesn't have to agree, but the matter can be taken before the judge to see if the judge does agree.
- Talking to your attorney. You must be completely honest with your attorney. Your attorney's job is to help you and he is not allowed to tell anybody what you have told him except to help you. If you have lied to your attorney, he may take action on your behalf which will be impossible to correct once the truth comes out. If your attorney goes to trial with you when you are guilty, the sentence may be much worse than if you had been honest with your attorney and had your attorney work on getting the proper sentence.
Obviously, no Client Information Sheet can be tailored to every case. These are general instructions which our firm believes apply to most cases and which most defendants need to know. We will discuss particular problems about your case with you. If there are any other questions that your attorney has not anticipated, you should be sure to ask.
