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Kingston, NY 12401
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One West Bridge Street, P.O. Box 240
Saugerties, NY 12477
P (845) 246-9596
F (845) 246-5460
1539 Crescent Road, P.O. Box 5375
Clifton Park, NY 12065
P (518) 982-0774
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Frequently Asked Questions
Criminal Law
Q. What should I do if I have been contacted by a police officer asking me to give a statement?
A. If you are questioned about your possible involvement in a crime, you should see a lawyer at the earliest possible moment and make no statement of any kind until you have received legal advice. At The Hrdlicka Law Firm, PLLC we can represent you and guide you as to whether or not you should be giving the police a statement and whether or not you should have an attorney present when you are giving the statement.

 
Q. What should I do if I have been arrested and charged with a crime?
A. Contact an attorney immediately. If you are arrested or charged with a crime, or you are questioned about your possible involvement in a crime, you should see a lawyer at the earliest possible moment and make no statement of any kind until you have received legal advice. At The Hrdlicka Law Firm, PLLC we can represent you and guide you through this very complex and ever-changing area of law.

It is very important that you retrace what happened and remember as many details as possible. It is important to meet with an attorney while the arrest is still fresh on your mind to ensure that all of the important facts are documented. Contact us immediately to help protect all of your rights.

 
Q. What is an arrest?
A. You have been arrested when a police officer (or citizen) takes you into custody or restrains you physically or verbally so that you may be held to answer for a crime or an offense. You may be taken into custody immediately or be given an appearance ticket similar to a traffic ticket.

 
Q. What are my rights if the police take me into custody?
A. You have the following rights:

  1. You have the right to telephone your attorney or to telephone your family or friends in order to notify them of your arrest.
  2. You have the right to speak with your attorney at the place where you are being held.
  3. You have the right to remain silent. This means you can remain completely silent or answer some questions and not others.
  4. Before the police question you, they must tell you (1) of your right to remain silent; (2) that any statement you make can be used against you as evidence; (3) that you have the right to first speak with an attorney and, if you choose, to have an attorney present when you are being questioned.

 
Q. Do I have a right to an attorney if I have been arrested?
A. Yes. It is a fundamental right that you have the right to an attorney at each and every stage of a criminal proceeding.

 
Q. What do I do if I appeared in court without an attorney?
A. If you appear in court without a lawyer at the time of your first appearance before the judge, the judge must allow you a “reasonable time” to hire an attorney or, if you cannot afford one, assign an attorney to represent you.

 
Q. What if I told the court I was going to represent myself, but later on decide I want a lawyer?
A. You have the right to an attorney at each and every stage of the criminal proceeding even if you waived your right to counsel earlier.

 
Q. Do I need an attorney if I got a traffic ticket?
A. Some traffic tickets can have very serious implications on your license and your auto insurance. Some traffic tickets are misdemeanors and felonies. It is important that you contact an attorney to discuss the implications of the traffic tickets you have received. At The Hrdlicka Law Firm, PLLC we can represent you and guide you through this process.

 

*While the above information may help to answer some questions, every case has its own unique facts and circumstances and should be thoroughly reviewed in detail with your attorney.



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