Attorney John Anthony Picerno has been defending the rights of the accused in Missouri for more than 10 years, and during this time he and his staff have encountered several questions that are common in nature. Below are a few examples of those common questions, but regardless of the questions you have and whether they’re answered below, you need to contact Attorney Picerno immediately for a consultation in order to receive answers to your questions that are specific to the facts that surround your case.
If I’m arrested, are the police required to read me my rights?
Not necessarily. Extenuating circumstances can be present that remove this requirement. However, if the police begin to question you, they must advise you of your rights, otherwise any answers or admissions you give them could possibly be deemed inadmissible.
Should I answer the police’s questions if I’m detained?
Generally speaking, no, you should not. You have a Constitutional right to an attorney, so if you’re arrested and/or questioned, you should take advantage of that right to prevent any evidence from being used against you that may not otherwise be admissible. If this situation arises, simply and politely tell the police that you’re invoking your right to an attorney.
If I’m improperly questioned, will my case automatically be dismissed?
As a general rule, no, your case will not be automatically dismissed, even if a judge rules that your questioning was illegal under the Miranda rights. What will happen is that any evidence obtained by police as a result of this improper questioning will not be allowed to be admitted as evidence at trial.
If I am convicted of a crime, how long will I be in prison?
That depends on several factors, including:
- The crime of which you’re convicted;
- Whether or not you’ve had any prior convictions;
- The discretion of the judge;
- The intention of the convicted defendant;
- Any sentencing guidelines imposed by the State of Missouri.
Overall, there are hundreds of other questions that many criminal defendants want to ask. In order to get them all answered, you need to contact a criminal defense attorney. John Anthony Picerno has been defending the rights of criminal defendants in Missouri for more than 10 years, so contact his office today for a consultation.