Find out the charge and get a copy of the criminal complaint. You can get this from the court file at the clerk's office since they are public documents. This will have a brief summary of what the police are saying was done and who some of the witnesses are. Also, find out when your next court date is and, if possible, who the judge is. Ask if it is a misdemeanor or a felony - a felony will require you to be held until you go to court. Misdemeanors can usually be allowed bond immediately. Finally, get legal help immediately taking care to seek an attorney that is experienced in criminal defense cases. Do not speak to anyone but your attorney about the case since every word that comes out of your mouth can and will be used against you. This includes cellmates, lovers, friends, parents, siblings, neighbors, etc. You risk turning all those people into witnesses and will only complicate the case. Early missteps are what most damage most criminal cases.

What happens after my initial appearance before the court?

After your initial arraignment, the case will be adjourned to another date and to another courtroom and judge for one of a number of purposes. If you are charged with a misdemeanor, your case may be adjourned for the purpose of requiring the prosecutor to obtain and provide certain documents necessary for the continued prosecution of the case. It may be adjourned so that your attorney may meet with and discuss with the prosecutor the potential dismissal or reduction of the charges; or the case may be adjourned so that your lawyer may make certain motions or applications to the court for the charges to be dismissed, for certain evidence to be deemed inadmissible in court, or to compel the prosecutor to disclose to the defense certain information or evidence. If you are charged with a felony, the case will be adjourned to monitor whether a grand jury has voted to indict you on the charges.

Can a person be guilty of drunk driving if he only had one drink?

The crime of drunk driving is generally defined in two ways: (1) having a blood alcohol content above the limit set by law, or (2) driving under the influence of alcohol. To find a person guilty under the first definition, a jury must be convinced beyond a reasonable doubt that the person's blood alcohol content (BAC) exceeded a certain amount. In most states the legal limit is .08 percent. Therefore, if it is proved that the person's BAC at the time of the incident was .08 percent or greater, he or she can be convicted of drunk driving, regardless of how much alcohol was actually consumed.

In contrast, the second definition does not refer to any particular BAC. It focuses on the driving behavior of the person; if it is impaired by the person's consumption of alcohol, he or she can be found guilty of drunk driving. Instead of presenting evidence of the BAC to a jury, the prosecution seeking a conviction under this definition generally presents testimony about the person's driving and consumption of alcohol. A police officer will often describe the impaired driving that lead him to pull the person over and the person's ability (or lack thereof) to perform field sobriety tests, such as walking a straight line. Evidence is also usually presented concerning the person's consumption of alcohol and if the jury then concludes that the prosecution has met its burden of proof, it will convict the person of drunk driving. A susceptible person may exhibit impaired driving after one drink and therefore be convicted of drunk driving.

What is the difference between rape and sexual assault?

Rape is often used as a generic term for unwanted sexual acts. However, its common-law definition required the sexual act to be intercourse, the rapist to be a man, and the victim to be a woman, other than his wife. Furthermore, the act had to be done by force or the threat of force. Common-law rules often required the rape to be corroborated by independent witnesses to negate the offender's defense of consent.

Many modern-day codes no longer use the term "rape" but instead use sexual abuse or sexual assault to define the prohibited acts. Traditional rape is covered by these statutes and may be designated sexual abuse in the first degree. However, most sexual assault statutes cover more kinds of sexual acts and apply to homosexuals as well as heterosexuals. Husbands can generally be charged with sexual assault of their wives, although they may receive a lighter sentence than non-marital sexual assault. Lesser offenses, such as unwanted touching or lascivious acts may be included in the definition of sexual assault.

Does the car have to be moving for me to be guilty of DUI?

No. You can be arrested for DUI by driving while over the legal BAC in your state or while impaired. But, you need not actually operate the car in order to be arrested. You can still be found guilty if you had the capability and power to dominate, direct, or regulate the vehicle, regardless of whether you were exercising that capability or power at the time of the arrest. In other words, simply sitting behind the wheel with the keys in the ignition can lead to your arrest for DUI by being in actual physical control of the car.

What is the difference between a 'retained' lawyer and a 'Court Appointed Lawyer' or 'Public Defender'?

A “retained” lawyer is the lawyer the accused hires for money to represent him. A “court appointed” lawyer or “public defender” is a lawyer assigned by the court or public body to represent the accused.

Is it best to use a 'retained' lawyer or a 'Court Appointed Lawyer' or 'Public Defender'?

It has been established that those who use “retained” lawyers do best in the legal system. A now-famous study published in the Houston Chronicle showed that 'those using (court) appointed lawyers (sometimes called 'Public Defenders ') are twice as likely to serve time' in prison or jail than those using 'retained lawyers'. Although the reasons are subject to debate, this is something members of the bar and public have recognized for years.