Q. I was recently arrested and I have never been in trouble before. What should I do?

A. The first thing you should do if you have been arrested is speak to an Attorney. Preferably only contact attorneys that specialize in Criminal Defense. An experienced Criminal Defense Attorney can advise you of your constitutional rights as well as explain what charges are being alleged against you. REMEMBER, it is never in your best interest to speak to law enforcement until after you have spoken to an Attorney!

Q. Someone I know was recently arrested and their bail is more thank I can afford. Is their anything I can do to get them out of jail?

A. Yes! An experienced Criminal Defense Attorney can frequently get an accused persons bail substantially reduced or even eliminated completely. Attorney Orsatti has years of experience in reducing bail as well as getting accused persons bail eliminated. This is referred to as being released on your Promise to Appear or being released on your own recognizance. BEWARE: Frequently, due to time constraints, Public Defenders do not raise the issue of bail at time of arraignment and therefore the bail will remain as set even if it is unreasonably high.

Q. My first court date is in a couple of days; do I need an attorney for that?

A. The first court appearance is referred to as an Arraignment. At the Arraignment you will be advised of your constitutional rights and you will be advised of the charges against you. At your arraignment you will name your Attorney and enter a plea of guilty or not guilty. IMPORTANT FACT: If you are being charged with a felony, you will only be allowed to enter a not guilty plea due to the potentially serious consequences (i.e. incarceration in state prison).

Q. What if I am being charged with a misdemeanor and I know I am guilty? Would it be better if I plead guilty at the arraignment with the hope that the Judge will show me leniency?

A. In most cases, even if the accused person is guilty, it is better to plead not guilty. Pleading not guilty allows your Defense Attorney to read the police report and review the evidence. Then after reviewing the evidence and speaking to the accused and any witnesses, he can meet with the prosecutor to try to settle the case. The process commonly known as ‘plea bargaining’ usually results in a better outcome for the accused. Benefits of plea bargaining include but are not limited to the following: Dismissal of entire case, dismissal of some of the charges or counts, reduction in charges, reduction in length of probation, reduction in prison time, reduction in jail time, reduction in public work service or community service, reduction in fine, keeping one’s driving privilege (DUI case), not having to register as a sex offender.

As you can see, the list of benefits in not pleading guilty is long and that’s why it’s best to plead not guilty at your arraignment.

Q. I’ve already been arraigned with the Public Defender, but now I want to hire my own Attorney. Is it too late?

A. No. you can hire your own Attorney at any time during the proceedings. However, the sooner you hire your own Attorney, the better. It is easier for your Attorney to negotiate the best deal possible if you retain him before your first readiness or pre-trail conference.

Q. What is a readiness or pre-trial conference and why is it so important that I hire my own Attorney before it occurs?

A. The readiness/pre-trial conference is where the prosecutor and your Defense Attorney meet to discuss and try to resolve the case. It is important because the Attorneys can speak informally and openly about the case without the Rules of Evidence that are used in trial getting in the way. It allows your Defense Attorney to negotiate an outcome that you can be happy about, without the inherent risks of trial and regardless of your criminal history. Make no mistake about it, most cases settle at the readiness/pre-trial conference. If you’re going to hire a private Defense Attorney, it’s best to do it before this very important court date.

Q. I’ve already had my readiness conference, but I’m not happy with the deal they offered me. What are my choices?

A. You have two choices. One, you can exercise your right to a trial. If you are not happy with your current Attorney, this would be the time to make a change. But, don’t delay. The new Attorney needs time to prepare your case for trial and sometimes the judge will not allow the new Attorney to continue the case. Two, you can have a Criminal Defense Attorney review your case and give you a second opinion. Attorney Orsatti has been called upon many times for a second opinion. Sometimes, the current Attorney is incompetent, sometimes there is new information and sometimes the deal you turned down is the best one you’re likely to get. Attorney Orsatti will always be honest with you so you can make a well informed decision.

Q. Okay, I already plead guilty but I haven’t been sentenced yet. Is there anything you can do for me?

A. Maybe. Sometimes an accused pleads guilty, but the exact terms of his sentence are unknown. An experienced Criminal Defense Attorney, like Attorney Orsatti, can prepare and file with the court a “Statement of Mitigation”. This is a legal document spelling out various reasons why the accused person should receive a lenient sentence. Attorney Orsatti has used the Statement of Mitigation and seen great results.

Q. Okay, I’ve already plead guilty and been sentenced, but I really feel my sentence is overly harsh. Is there anything that can be done for me?

A. Yes. First, if you were found guilty after a trial, you may have appellate issues. Contact an Appellate Attorney immediately so you don’t lose any important rights. Second, if you waived your right to appeal by pleading guilty, a competent Criminal Defense Attorney may be able to get your sentence modified. Sentence modifications can include any of the following: early release from jail, transfer from jail to work furlough, transfer from jail to residential treatment, converting fines to custody, staying fines temporarily, converting formal probation to information probation or probation to the court and early termination of probation. Of course there are other conditions of probation that can also be modified, but these are the most common. If you would like to have your sentence modified, call Attorney Orsatti for a free consultation.