QUESTIONS? PHONE: 416.304.1414 | 1.866.304.1921 WE ACCEPT COLLECT CALLS 24HRS/DAY

Criminal Law FAQS

*Please be advised that the following Criminal Law FAQ’s (corresponding questions and answers) are not comprehensive legal explanations. Rather, the questions and answers are designed to provide a brief, general, and basic description / understanding of some of the most common questions and answers regarding criminal proceedings and related topics. The answers may vary depending on the particular criminal issue and circumstance; as such, the content of this FAQ section is not actual legal advice. Do not use or otherwise rely on, any of the content contained within the FAQ section without first seeking proper legal advice.

The best way to get answers to your criminal law questions is to set up an initial consultation. Call us and we will immediately return your call. You can call us 24 hours a day seven days a week. We will set up a meeting at one of our offices as soon as possible to discuss your case. The initial consultation is always free.  If you or your loved one is in custody we will come to see you at the jail where you are being held.
No lawyer and no firm will fight harder for you than the lawyers at DerstinePenman. We are well known across all levels of courts as being tenacious, strong advocates.
After assessing all the criminal law questions surrounding your case we will decide whether to recommend a trial or a plea of guilt.  Derstine Penman is known as a trial firm and we specialize in strong trial work.
There is no simple answer to this criminal law question, since every case is different. Time frames can differ depending on the details of each case. The court’s scheduling also play a role in how long it takes for a matter to be resolved. We always work towards having your case resolved as quickly as possible.
Once you have met with us in  per­son and retained us, we are potentially able to appear on your behalf for most court preliminary appear­ances. There are some obvi­ous excep­tions that require you to be present in court, for exam­ple a hear­ing or a trial. If you need to attend the court, we will pro­vide you with ample notice so that you can make the appro­pri­ate arrange­ments with work, school or child care.
If you are charged with a serious offence and you cannot afford a lawyer we will be happy to take your case on legal aid. We leave no accused person without representation.
In most cases we charge a flat fee to defend your case. This means that you will know the cost of your case up front. The pre­cise fee will depend on the com­plex­ity of the case and on the amount of time it is esti­mated to take. At the ini­tial con­sul­ta­tion, you can sit down with one of your lawyers for free and in most cases we will be able to tell you the fee for your case up front.  In some cases an hourly rate is required.
Pick a criminal lawyer who has the proper expertise for your kind of case. It is also essential that you be comfortable with the lawyer as your advocate. Both are equally important. Expertise in the area for which you have been charged is essential for a proper defence. If the lawyer does not have this experience and knowledge they will not be able to properly defend you if the charge is very serious. More than being experienced in your area, you need to be comfortable with that lawyer. . You need to trust the lawyer and know that he or she has your best inter­est at heart. You will want some­one who is open and hon­est with you about your case. You need a crim­i­nal lawyer that is sin­cere and who will answer your ques­tions. You also want some­one who has knowl­edge of the courts and its procedures. The best crim­i­nal lawyers are the ones who are ded­i­cated to this work for the right rea­sons. You want some­one who believes strongly in your civil rights and will fight to pro­tect them.
Unless they have a warrant or there are exigent circumstances, you do not have to let them in. You do not even have to answer the door. If they say they have a warrant ask them to hold it up to the door or to slip it under the door. The police may break down the door if exigent circumstances exist such as danger of fleeing, hiding someone or some other emergency that would make the getting of a warrant impractical. If they leave a card, immediately call us. A lawyer can speak to the police to find out what it is that they want.
If you believe that you are the sub­ject of a police inves­ti­ga­tion, you should to visit a crim­i­nal lawyer to dis­cuss the sit­u­a­tion. It will be impor­tant to learn what oblig­a­tions you have when deal­ing with police, and also what oblig­a­tions the police have when inves­ti­gat­ing you. The police may want to dis­cuss the inves­ti­ga­tion with you. In most cir­cum­stances, you are not required to speak to them. You should not even consider speaking to the police until you have received legal advice.  You should speak with an expe­ri­enced crim­i­nal lawyer before you decide how to proceed.
You should never give a statement to the police. Regardless of your guilt or innocence, a statement can never help your case, no matter what the police try to tell you.
YES. Our main Number at 4163041414 is answered 24 hours a day and you can be put in contact with a criminal lawyer at any hour if you are under arrest. As soon as we are contacted we work diligently to secure your release. Depending on the seriousness of the allegation against you and depending on your background (criminal record, etc.), we can sometimes negotiate your release over the phone. Other times, it will require that you be brought before a Justice of the Peace or Superior Court Judge.
The first thing you need to do is to retain an experienced criminal lawyer right away. It is essential that you understand your rights and the criminal process  before you make any decisions about how to deal with your charges  Some of the decisions you will make are time sen­si­tive. Some­times it will be impor­tant to attempt to pre­serve evi­dence for a future trial. Almost with­out excep­tion, only a lawyer who works exclu­sively in crim­i­nal law will have the right expe­ri­ence to guide you through the process. Derstine Penman  offers a free con­sul­ta­tion for peo­ple charged with crim­i­nal offences for the first time and who are con­fused and anx­ious about their court appear­ance. Every­thing that is said dur­ing the con­sul­ta­tion remains com­pletely con­fi­den­tial.
They can ask but you do not have to give your password. You are never compelled to give any information to the police upon arrest.
The police can search your home or your car if they get a warrant from a Judge or Justice of the peace authorizing this search. If the police ask you whether they can search your house or your car you should refuse until you get proper legal advice. If they assert that they have a warrant, make sure you see it and make sure it authorizes a search of your premises on the day they are searching.  The legality of a search can be contested later, not while it is occurring.  In some cases the police can search without a warrant.
The police have a right to search you incident to your arrest. They are allowed to frisk you to make sure you don’t have weapons. They may also be able to search you for evidence of the crime you are suspected of having committed. In some circumstances they are able to strip-search you. If they do strip search you, it must be done in a private area of the station and in a manner that does not unnecessarily degrade or intimidate you. While under arrest or detention you are NOT required to give personal samples, like dental impressions or a sample of your DNA. However, if you blow your nose and throw away the tissue, it may later be claimed you abandoned the sample.

If you require legal advice on your case, please do not hesitate to contact us for a FREE consultation.