"I’m here for you, day or night, if you get arrested and don’t have a lawyer yet." - James E. Smith
7 Rules to Follow in Case of an Arrest:
- Rule #1. Admit nothing. You DO have the right to remain silent and this cannot be held against you. The only reason law enforcement wants to talk to you is to have you help them build a case against you. Don’t help them.
- Rule #2. Call or text my hot line -702.460.3765 – immediately!
- Rule #3. Do NOT consent to a search. You are not legally required to consent to any search of any kind at any time. The police might ask your permission because they have a right to do so. Any criminal defense attorney will tell you: Do NOT consent.
- Rule #4. Don’t sign anything other than a traffic citation. You have a right to be free from unreasonable searches and seizures. The police can ask for basic information, but your Miranda rights protect you from police abuse and give you the right to a criminal defense attorney.
- Rule #5. Call me BEFORE you call a bondsman. In many cases, I can negotiate a lower bail amount for you. Standard bails are set high. Consider posting cash bail to save the 10%+ bail bondsman’s fee.
- Rule #6. Treat any potential witnesses as though they are wired—say nothing to them at all, or say as little as possible.
- Rule #7. Do NOT share the police reports. Snitches often use that info plus what you say to cut a better deal for themselves.
What Happens After Bail Release:
- You’ll appear in court (I’ll be there with you). This will be an arraignment or bail hearing. I’ll tell you which ahead of time.
- Next comes EITHER:
- A trial for misdemeanor OR
- A preliminary hearing in gross misdemeanors and felonies.
- If there is probable cause for a trial on the gross misdemeanor or felony you will be bound over to a higher court for the trial unless you are indicted by the grand jury first.
If your case goes to trial you have a right to; not testify, subpoena witnesses, cross-examine the witnesses against you, appeal any decision against you
NOTE: If you live outside the State of Nevada, I can often have your personal appearance at court waived — I appear for you – J.S.
Specific to your Type of Criminal Case
Before sentencing, on gross misdemeanors and felonies, the probation department prepares a pre-sentence report with a recommended sentence. Most cases are plea-bargained before trial and go directly to sentencing.
Misdemeanors and Traffic Cases:
- If you are proven guilty, the judge sentences you immediately.
Jury trials can occur for:
- Gross misdemeanors
- Felonies
Property Seizure:
- If your property gets seized by the police it is either held for evidence or the government will attempt to forfeit it.
- In any criminal case, it is best to get an attorney if you think you might get charged with a crime.
IN A FREE TEN-MINUTE CONSULTATION, WE CAN DETERMINE TOGETHER IF I CAN HELP YOU WITH YOUR LEGAL ISSUE
Have a question? Ask James Smith!
