Police Interrogation and Arrest: Know Your Rights

Written by WebAdmin on . Posted in Blog

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The majority of people only know about arresting rights because of law enforcement television shows, the most famous being the right to remain silent. However, many people are unaware of what their rights are during the arrest and interrogation process, especially if they have never had trouble with the law before. 

It’s important to understand that you are still protected in the legal system, even if you’ve been accused of a crime. Here is what you should know about your rights, and what it means for your case if those rights are ignored. 

The Do’s and Don’ts of Using Social Media After an Arrest

Written by Mesenbourg & Sarratori Law Offices, P.A. on . Posted in Blog

captureIf you are arrested for any crime, the first thing that you need to do is to contact a criminal defense attorney who can work in your best interests. Whether you are innocent or guilty, this is an essential step to protect yourself. You then need to consider your next actions very carefully since mistakes can cost you dearly.

With social media’s increasing presence in everyone’s daily life, it may seem like posting on social media is a good idea in such a situation, but it rarely is. Live tweeting an arrest won’t do you any favors! Neither will long, angry rants. Keep in mind these do’s and don’ts for using social media if you have been arrested.

Do Keep in Mind That Private Profiles Aren’t Truly Private

You may feel safe posting on Facebook if your posts all have the privacy setting of “friends only.” However, no social media profile is truly private. You don’t really know how safe your information is even among friends who appear to truly care, and it is easy for people with nefarious intentions to send you a friend request under the pretense of being someone else. Consider anything you post to be public.

What to expect at court in Misdemeanor Charges

Written by Mesenbourg & Sarratori Law Offices, P.A. on . Posted in Blog

Arraignment

The defendant is formally notified of the charges filed, advised of his or her rights, and bail is set. If the defendant cannot afford an attorney, a public defender is appointed by the court to represent the defendant. The pre-trial and trial dates are set. If the defendant pleads guilty, he or she will proceed directly to sentencing.

 Pre-Trial

At this hearing, a judge decides if there is enough evidence for the case to proceed to trial. If the defendant pleads guilty, he or she will proceed directly to sentencing. If the defendant pleads not guilty, the case proceeds to trial. Often a plea agreement is discussed at this time.

 Trial

At the trial, both the prosecutor and the defense attorney present their case to a judge or a jury. Both sides may call witnesses to testify. At the end of a criminal case, the prosecutor must prove the defendant’s guilt beyond a reasonable doubt.

 Sentencing

If the defendant pleads guilty or is found guilty following a trial, a judge may proceed directly to sentencing or schedule a separate sentencing hearing. A pre-sentence investigation (PSI) is not automatically ordered, but one may be requested.

 Note: This is the standard process. Additional hearings may be scheduled at the request of either party.

What to expect at court in Gross Misdemeanor and Felony Charges

Written by Mesenbourg & Sarratori Law Offices, P.A. on . Posted in Blog

First Appearance (Rule 5)

The defendant is formally notified of the charges filed, advised of his or her rights, and bail is set. If the defendant cannot afford an attorney, a public defender is appointed by the court to represent the defendant. The pre-trial and trial dates are set.

 Omnibus / Pre-Trial (Rule 8)

At this hearing, the judge decides if there is enough evidence for the case to proceed to trial. If the defendant pleads guilty, he or she will proceed directly to sentencing. If the defendant pleads not guilty, the case proceeds to trial. Often a plea agreement is discussed at this time.

 Contested Omnibus (Rasmussen)

If the defense attorney raises questions regarding legal issues on the case, this hearing may be scheduled. The judge may hear oral testimony and may request written arguments from both attorneys.

 Trial

At the trial, both the prosecutor and the defense attorney present their case to a judge or jury. Both sides may call witnesses to testify. At the end of a criminal case, the prosecutor must prove the defendant’s guilt beyond a reasonable doubt.

 Sentencing

If the defendant pleads guilty or is found guilty following a trial, the judge will order a pre-sentence investigation (PSI). The PSI will include the defendant’s criminal history and personal background. The individual conducting the PSI (usually a probation officer), may contact the victim of the crime to determine how they have been impacted by the defendant’s actions. The PSI enables the judge to learn more about the defendant so that he or she is better able to impose the proper sentence.

 After the PSI has been completed, the defendant comes before the judge for sentencing. The judge can only impose a sentence that falls within the boundaries of state law or the Minnesota Sentencing Guidelines. Keeping those boundaries in mind, and weighing all the facts of the case, the judge then sentences the defendant.

 Note: This is the standard process. Additional hearings may be scheduled at the request of either party.

Mesenbourg & Sarratori Law Offices, P.A.
2601 Coon Rapids Blvd
Coon Rapids, MN 55433
Phone: 763-754-5555