FREQUENTLY ASKED QUESTIONS

Summary of Legal Rights?

What are my legal rights?

  1. Right to know the charge(s)
  2. Right to an attorney 
  3. Right to a court appointed attorney if you can't afford to hire an attorney
  4. Right to separate counsel
  5. Right to a continance and delay
  6. Right to be released on bail, or on your own recognizance without bail in most cases
  7. Right to know the various pleas available
  8. Right to a preliminary hearing
  9. Right to trial by jury or Judge
  10. Right to see, hear, and confront witnesses
  11. Right to subpoena witnesses and evidence
  12. Right to remain silent or testify
  13. Right to know the possible pennalties
  14. Presumption of innocence
  15. Right to appeal some adverse decisions

Arraignment

What is an arraignment?
An arraignment is the first court appearance in a criminal case. If your matter is a misdemeanor your attorney can go to court for you. If you are charged with a felony you will have to attend your arraignment with your attorney. The accused is informed of the charges against him or her and under most circumstances a plea of not guilty is entered. After your arraignment a pre-trial (misdemeanor) or a preliminary hearing (felony) will be set.

A pre-trial is a court hearing where a case is either resolved or a hearing or a trial is set for a date in the future.

A preliminary hearing is where a judge determines where there is enough evidence presented by the prosecutor to set the case for a jury trial.

Misdemeanor

If you are charged with a Misdemeanor.
A misdemeanor is a crime punishable by up to one year in jail and/or a fine. Some misdemeanor convictions can result in a driver's license suspension and can affect your gun rights. Some have as a consequence mandatory counseling. A lawyer can advise you of your defenses and at most proceedings can appear in court for you.

Felony

What do you do if you are charged with a felony.
Felonies are always serious as they can result in confinement in state prison. You need a lawyer that understands what is at stake and can explore with you your options.

Recently been sued?

Just been sued. What should I do?
Lawsuits can be extremely stressful and it is natural for many to want to talk about them. It is best to only discuss the case with a lawyer since conversations with others can be subject of inquiry in the course of discovery. It is best to immediately hire an attorney who can review the matter with you.

Have you been injured in an accident?

Have you been injured?
Consult with a lawyer to discuss your remedies any monetary award that can justify and/or compensate you for your pain and suffering plus any economic loss that you may have sustained.

FREE CONSULTATION
(530) 345-1647

Copyright @2018 Philip H. Heithecker, all rights reserved

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