Criminal Law Frequently Asked Questions
New Haven criminal law firm Daniel A. Lyons & Associates provides answers to common questions clients ask. Please note that all cases are factually different and the following information is not intended to be a substitute for formal legal advice. You should consult an attorney for individual help and assistance as it pertains to your particular situation. Click the links for information about your areas of interest.
General advice
- What should I do if I am charged with a crime?
- When must I allow police to search my home or vehicle?
- When am I required to make statements to the police?
- What happens during an arrest?
- How does bail work?
Juvenile crimes
- Do special criminal laws exist for children?
- What are my child’s rights when being investigated for a crime?
- Can my child be expelled from school for a crime that was not committed on school grounds?
Contact us
At Daniel A. Lyons & Associates, we are confident that our team of experienced professionals can provide you with the highest level of legal representation, as well as very personal service and attention. When you need an attorney, contact Daniel A. Lyons & Associates online or call 203-932-2222.
General advice
What should I do if I am charged with a crime?
If you have been charged with a crime or are in police custody, you have the right to remain silent and the right to talk to a lawyer for advice before you submit to police questioning. You may provide your name, address, and simple facts regarding your whereabouts at certain times. Be courteous with the police. But you DO NOT have to answer questions from the police or the prosecutor without your criminal attorney present. Simply say, "I want an attorney." All questioning must stop.
When must I allow police to search my home or vehicle?
Unless the police have a search warrant for your house, apartment, or vehicle, you DO NOT have to consent if the police request your permission to search. However, if the police proceed with the search anyway, DO NOT offer any resistance to the search at that time. If possible, write down the names and badge numbers of the police who conduct the search.
When am I required to make statements to the police?
If the police want to speak with you, consult an attorney first. You DO NOT have to speak with the police if you do not want to about anything beyond providing your name, address, and government provided ID, such as a drivers license. In traffic stops, you must also provide vehicle registration and insurance card.
What happens during an arrest?
Several different processes take place after someone has been arrested. These include being booked, fingerprinted, searched, jailed, and arraigned (brought to a hearing where you must enter a plea of guilty or not guilty). You may qualify to be released on bail. See below.
How does bail work?
If you are arrested for a crime, the judge will usually set bail, which is an amount of cash you pay to guarantee your future presence at court proceedings. In some cases, bail is based on a court-mandated schedule immediately after you are booked for a crime. If the charges are more serious, bail may not be set until your arraignment, where the charges are read against you and you enter your plea. In some cases, bail is denied.
Bail is the amount of money required for you to leave jail during the period between your arraignment and trial. In most situations, you do not have to pay the full bail amount, but are instead allowed to post a portion of it, as a bond. The bond is your promise that you will show up for all required court appearances. You may also call a professional bondsman to post bail, in which case you would pay a one time premium to the bondsman, which is a percentage of due total bond.
If you do not show up to court after posting bail, your bail is revoked, and a warrant is issued for your arrest. If you are unable to post bail, you will have to stay in jail until your trial, even if you are innocent. However, if you are found guilty, the time you spend in jail before your trial may be credited toward your final sentence.
Juvenile crimes
Do special criminal laws exist for children?
While there is a special court system to handle juvenile crime, there is usually not a special juvenile criminal code. Adult criminal codes are applied in the juvenile system, but the children are not generally accused of crimes. Instead, they are accused of committing delinquent acts. Sentences are designed to educate and rehabilitate children, rather than punish them. Children cannot be locked up in adult jails except for very limited periods of time. A child held in an adult jail must be out of sight and sound contact with the adult inmates.
At one time, child-specific crimes did exist, for example, running away from home, breaking curfew, or skipping school. While these acts are no longer considered to be criminal offenses, they may trigger an investigation by child protective services to determine if the child needs assistance from the court or social service agencies.
What are my child’s rights when being investigated for a crime?
Even the most innocent child can be incorrectly identified and picked up for questioning. You should make sure your children know that they have the same rights as adults. Your child has the right to an attorney and the right to remain silent. Additionally, your child can request your presence during questioning and at every step of the investigation.
Can my child be expelled from school for a crime that was not committed on school grounds?
Children can be expelled for certain crimes no matter where they were committed—subject to a hearing. If your child is scheduled for such a hearing, you should contact a New Haven County juvenile law attorney experienced with education law to make sure your child is properly defended.
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