What are the types of criminal law cases that the Rockefeller Law Center handles?

Written by Rockefeller Law Center
The attorneys of the Rockefeller Law Center have extensive experience in all areas of criminal law, Federal and State courts around the Southeastern United States, in appellate and trial courts. They have handled cases from simple thefts to murders, robberies, child molestations, all types of drug cases, including conspiracy and racketeering cases.

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What does the term “Warrantless Arrests” mean?

Written by Rockefeller Law Center
A law enforcement officer (certified with arrest powers) has the authority, in certain cases, to arrest a person, without a warrant, for committing a crime in the officer’s immediate presence (if a non-felony, non-domestic violence cases), or a felony or domestic violence offense for which probable cause exists for the officer to believe the crime has been committed. If a law enforcement officer makes a warrantless arrest, the officer has forty-eight (48) hours to obtain a warrant or the person arrest MUST be released from jail.

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What does “Arrest Pursuant to an Arrest Warrant” mean?

Written by Rockefeller Law Center
Either a law enforcement officer or a private citizen can swear out a warrantbefore a Magistrate (or a Superior Court Judge, in state courts); in Federal Courts only a law enforcement officer may obtain an arrest warrant (or an Information) from a United States Magistrate or District Court Judge. This is generally done through a formal written application process, where the applicant (called the “affiant”) swears under oath that the facts contained in the application are true. The Magistrate (or Judge) reviews this application to determine if there is probable cause to believe a crime has been committed. If the warrant is granted, any law enforcement officer (certified with arrest powers) can be empowered to arrest the person charged in the arrest warrant (by entering the arrest warrant in criminal justice computers). Once the arrest is made, the person arrested must be brought before a Magistrate within seventy-two (72) hours for a “first appearance,” at which time the Magistrate informs the arrested person of the charges and considers bond (if there was not a bond put on the warrant at the time it was granted).

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What is the difference between Misdemeanor and Felony?

Written by Rockefeller Law Center
This distinction is very simple. A “misdemeanor” is any offense that is punishable by no more than twelve (12) months in jail. A “felony” is any other offense that is, potentially, punishable by more than one (1) year in prison. There are often different procedural, discovery, and trial rules that apply, with somewhat lesser rights existing for a defendant charged with a misdemeanor. However, the basic constitutional rights are the same regardless of the seriousness of the charge.

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What are the Miranda Rights?

Written by Rockefeller Law Center
This is a rule derived from a United States Supreme Court case that is nearlyfifty (50) years old, that was recently reaffirmed. It is a rule that applies where the police have someone in “custody” (which can be less than a formal arrest), whom they wish to interrogate; if a suspect voluntarily invites law enforcement into his or her house or business and/or voluntarily goes down to the police station, the suspect is probably NOT considered in “custody.”

Before a suspect in custody is questioned, he or she has to be told of the 5th Amendment rights concerning the right to remain silent and the right to consult with an attorney, and the suspect must affirmatively waive these rights. If the suspect waives these rights, then he or she may provide law enforcement, even in innocent  responses, with incriminating evidence that could otherwise not be compelled; hence, it is often better to consult with an attorney before agreeing to talk to law enforcement. If the suspect does NOT waive these rights, law enforcement must IMMEDIATELY cease any attempts at interrogation. A person who does not waive these rights, and is questioned (with or without reading the “Miranda” rights), any statements or evidence that flow from this illegal questioning is inadmissible in court. It is NOT a violation of an arrestee’s rights to fail to read him/her the “Miranda” rights at the time of the arrest; it is only a violation of these rights if law enforcement intends to question the arrestee.

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What is Plea Bargaining?

Written by Rockefeller Law Center
At any point in time, a defendant can enter into a “joint recommendation” with the Government. This can involve a reduction in the amount and/or seriousness of the charges and/or a “joint sentencing recommendation.” If such an agreement is reached, it is not binding on the parties until it is presented to and accepted by a judge; if it is presented and REJECTED by a judge, the defendant is provided the opportunity to withdraw his/her guilty plea. Probably more than 99.00% of all criminal cases are resolved by this plea bargaining process (or the charges are just outright dismissed by the Government); hence, very, very few cases actually go to trial.

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What are Special Presentment Bench Warrants?

Written by Rockefeller Law Center
A “special presentment bench warrant” is where a District Attorney obtains a warrant by taking charges directly to a Grand Jury for Indictment, without an initial arrest on the specific charge. Although not always, the special presentment bench warrant is generally a new charge added after a defendant has already been arrested from the same incident. A charge is added when the District Attorney determines that law enforcement officer (or  Magistrate) did not consider all possible charges arising from an incident. A special presentment warrant will result in a defendant being arrested, or rearrested, as if there had been no prior arrests made concerning a specific incident. A special presentment bench warrant is signed only by a Superior Court Judge and a person arrested pursuant to one is ineligible to have bond considered at his or her “first appearance.”

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Can you explain Bond or Bail?

Written by Rockefeller Law Center
“Bond” or “Bail” are a judge’s order that permits a person to secure their release from jail, pending the resolution of his or her case. It is a “promise to appear” which, if the person does not appear as promised, bond is “revoked.” Bond can require the posting of money or property as a condition of release or it can be in the form of a “recognizance bond,” where a person merely needs to sign a promise to appear and no money or property is required to be posted. On the other hand, if bond requires the posting of money (or property), the whole amount can be posted or a “bondsperson” can be hired. If the entire amount of the bond is paid (either in cash or property), at the end of the case everything posted is returned; however, if a bondsperson is hired for the full bond amount, the “fee” paid to the bondsperson is a percentage of the full bond, but it is never returned. Any person can post bond for an arrested person, but real estate can only be used to post bond in the same county of arrest and only to the extent there is proof of sufficient equity in the real estate to cover the full bond amount.

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What happens in a First Appearance?

Written by Rockefeller Law Center
After being arrested, the defendant is brought before a Magistrate within at least the first seventy-two (72) hours. At that time, the defendant is notified of the charges and the Magistrate considers whether or not to grant bond, if the Magistrate has the authority to do so. In some cases, the Magistrate cannot grant bond because the crime is too serious; in some cases, bond cannot be granted because the defendant is on probation or parole; in some cases, bond is set pursuant to a “schedule” before or after a Magistrate considers bond; in all cases, a person charged with a misdemeanor, who is not on probation or parole, must be granted bond.

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What is a Preliminary Hearing?

Written by Rockefeller Law Center
A “preliminary hearing” is held after a “first appearance” hearing, within days or a couple of weeks of arrest, but before a defendant is formally charged by a Grand Jury. It is where the Government has to show an independent magistrate there is “probable cause” to believe the defendant has been properly charged with a crime (or not and the defendant would be immediately released). “Probable cause” is a very low standard, but it has to be proven by some sworn testimony; in considering “probable cause” the magistrate may rely on “hearsay” testimony, as the Government does not have to put on its full case. However, the defendant’s attorney has the unique opportunity to crossexamine any witnesses, and also to call witnesses to rebut the Government’s evidence; thus, it is a very important procedural right for a defendant.

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What is a Grand Jury?

Written by Rockefeller Law Center
The Grand Jury is a set of at least sixteen (16) jurors who sit for several months and deliberate on alleged crimes and/or investigations. These grand jurors do not deliberate on whether a person is guilty or innocent, but rather act as an investigatory body for the District Attorney (or Assistant United States Attorney) – a “special grand jury” is called to investigate for specific purpose, which can include government oversight. A Grand Jury has subpoena powers and the District Attorney or Assistant United States Attorney acts as the “legal advisor” to the jurors, providing legal advice for them and, generally, deciding what is presented to them for their consideration.

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What is an Indictment?

Written by Rockefeller Law Center
An “Indictment” is the formal charging document in a criminal case (an “accusation” can also be used in State courts and, sometimes, a “citation” can be the charging document for misdemeanor offenses in certain courts). The Grand Jury “deliberates” after the District Attorney (or Assistant United States Attorney) presents evidence and testimony. The Grand Jury does not decide guilt or innocence, it merely determines whether or not there is “probable cause” (the same legal standard for the issuance of an arrest warrant) to believe that the charges in the Indictment are “true.” If at least twelve (12) jurors believe that an Indictment is “true,” they declare it a “true bill,” if not, they declare it “no bill.” Typically, most of a defendant’s procedural and trial rights are triggered by a Grand Jury’s decision to indict.

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How does an Appeal work?

Written by Rockefeller Law Center
This is a right to raise with an “appellate” court, either a procedural or legal error committed prior to trial, a problem with the evidence and/or arrest, or a legal error made during a trial. All people convicted of a crime have the right to an initial appeal; and, the right to free representation on that appeal, if they cannot afford to hire a private attorney.

Probably close to 95% of all appeals are denied; an appeal is not an opportunity to “retry”a case that was lost after a jury or bench trial.

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What is an Arraignment?

Written by Rockefeller Law Center
After a person is “indicted” by the Grand Jury, the next critical stage in the criminal process is the “Arraignment.” At this time, a defendant enters a plea of either “guilty” or “not guilty.” Because this is such an important stage, and certain significant rights flow directly from a defendant’s arraignment, it is extremely important to make sure that you have, and are satisfied with, an attorney prior to being arraigned.

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