FAQS About the Court Process
Question 1. Are depositions conducted in every case?
Answer: No. In misdemeanor cases the judge has to grant permission for depositions to be taken of witnesses.
Question 2. Do I have to be present at Arraignment or Pre-trial?
Answer: No. Normally a written plea of not guilty is filed at arraignment not requiring your presence. A waiver of appearance can be filed for pre-trial conference. Contact our office to find out more information.
Question 3. What is discovery?
Answer: All evidence that the State plans to use, including testimony of witnesses.
Question 4. Can I be present at the depositions?
Answer: No. A defendant is not allowed to be present unless the parties stipulate or the court has ordered the physical presence of the defendant on a showing for good cause.
Question 5. What are depositions?
Answer: Depositions provide the Defense or the State, the opportunity to ask questions of potential witnesses.
F.A.Q. – Drug Offenses
Question 1. I was arrested for drug possession and I was not in a vehicle, is my license still subject to being suspended?
Answer: Yes. If you are adjudicated guilty the DMV will suspend your license for up to 2 years, whether a vehicle is involved or not.
Question 2. I was never read my Miranda warning will my case be dismissed?
Answer: No. An officer is required to read Miranda warnings at the time you are detained or arrested. If the officer asks questions that elicit incriminating statements and did not read your Miranda warning then the statement would be suppressed and the State would be prohibited from using the statement against you. If there is no other evidence then the case may be dismissed. There are certain questions that do not require Miranda warnings.