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“Dear Mr. Stith, thank you for all your help on my case. I was unsure what could be done after I had been arrested. After you got the case dismissed, I was able to return home and begin my life! Thank you so Much!.” Alfred S.

“Dear David Stith, I can’t tell you enough how much I appreciate all the hard work you did on my case. I never believed that a lawyer would care so much about his clients and provide all the work that you have done. I want you to know that I will never forget everything you have done for me.” Jessica A.




WHAT RIGHTS DO I HAVE NOW THAT I HAVE BEEN ARRESTED ?

  1. You have the very important right to refuse to make any statements, either written or verbal to anyone. It is important for you not to talk to anyone representing themselves as a investigator or other member of law enforcement. If you have a lawyer, never make a statement without talking to your lawyer. Do not send letters, emails, or make phone calls to anyone about the facts of your case. Do not talk to your family or friends about the facts of your case. When asked, tell them your lawyer has advised you not to make any statements.
  2. If you are arrested for a felony offense, you have a right to have your case presented to a grand jury where members of your community vote as to whether there is probable cause to believe you committed the crime charged. You can be present, but you are not entitled to have a lawyer with you if you testify. You should always have a lawyer there to advise you, and your lawyer may decide to present your case by letter or affidavit. In certain cases, you have a right to an examining trial where a judge determines if there is probable cause to believe a crime was committed.
  3. You have the right to be represented by an attorney and for that attorney to represent you in court and fight for your freedom.
  4. You have a right to have the state prove any charge against you beyond a reasonable doubt. This is the highest standard of proof used in our justice system.
  5. You have a right to a trial by jury (six persons in misdemeanor cases and twelve in felony case). If you choose to have a jury instead of a judge, then the jury will decide your guilt and innocence, and, if found guilty, you have a right to have the judge or jury decide your sentence.
  6. You have a right to testify or not testify at the trial. You cannot be forced to testify and, if you decide not to testify, that fact cannot be used against you.
  7. You have a right to bring forth witnesses to come to court and testify on your behalf, and for your attorney to cross examine the State’s witnesses.
  8. If you lose at trial you may be able to appeal your case or file a motion for new trial or habeas corpus motion. These are things that must be discussed with your attorney who knows the details of your case.