Frequently Asked Questions About Criminal Law in Montgomery County
Answers from a Respected Montgomery County Criminal Attorney
Criminal law is a diverse and complicated area, and as a result, we understand that you might have questions regarding criminal proceedings. The lawyers at Fiore & Barber, LLC have compiled a list of frequently asked questions about criminal law cases. We drew upon our significant knowledge of the field and 29 combined years of legal experience to provide these answers.
Criminal Law
- I was just arrested. How can I get out of jail?
- The police want to speak with me. What should I do?
- Should I grant the police permission to search my home or property?
- Can I refuse to take a Breathalyzer or sobriety test?
- What do I do if there is a warrant for my arrest?
Contact a Montgomery County criminal defense lawyer if you have more questions
If you have further questions about criminal law, the attorneys of Fiore & Barber, LLC would love to answer them. Feel free to call us at any time at 215-256-0205 or contact us online with your questions, and we will answer them as quickly and thoroughly as possible. One of our top priorities is open and constant communication with you to keep you educated about your case and the proceedings of criminal law.
With offices in Harleysville and Center Valley, PA, Fiore & Barber, LLC serves clients in Montgomery County and Bucks County in southeastern Pennsylvania, including the Municipality of Norristown and the Borough of Doylestown.
Criminal Law FAQs
I was just arrested. How can I get out of jail?
If bail is low enough, you can get out of jail by posting bail in cash or writing a check. You get this money back at the end of the case, so long as you or your attorney is present at all of the appearances that the court mandates for you. If you cannot afford to pay bail in its full amount, bail bondsmen exist to post bail for you. Think of bail bonds as an insurance policy. If you fail to make your court appearances, the bonding company will search for you and arrest you.
The police want to speak with me. What should I do?
Do not, under any circumstances, speak with police before consulting with a lawyer. Under the Miranda rights, you have the right to remain completely silent. Anything that you say to a police officer can (and most likely will) be used against you in court. Therefore, to avoid incriminating yourself in any way, stay silent until you speak to us.
Should I grant the police permission to search my home or property?
Absolutely not. One of the best tactics defense lawyers have to clear clients charged with criminal acts is to prove that law enforcement illegally searched your home or illegally seized your property. In many cases, law enforcement acts on invalid warrants. If you allow police permission to search your home, you waive your Fourth Amendment right, which guards against unreasonable searches and seizures. Also, never assume that police have a warrant to search your home, even if they tell you that they do. Always ask to see a warrant before being bullied into giving permission.
Can I refuse to take a Breathalyzer or sobriety test?
You can. However, be aware that a refusal to take a Breathalyzer or sobriety test can lead to immediate suspension of your driver’s license. Furthermore, the prosecution in your DUI or DWI case will almost assuredly use that refusal as evidence against you. It is generally in your best interest to simply take the test.
What do I do if there is a warrant for my arrest?
Either go to the district clerk’s office in your county or send someone on your behalf to get a copy of the complaint against you. If the bail for your case is already set, you can choose to post bond without even being placed under arrest. If this is not an option because of the expense of the bond, then you should try to borrow money or apply for a loan as quickly as possible. Once placed under arrest, you must work with a court-appointed attorney until you can pay the bond.