Criminal Defense FAQ

  • What is the cost? Most law firms charge on an hourly basis. At Chasnick and Graff we will handle your criminal case on a flat fee basis. The amount of this fee varies depending on the complexity of your case. The initial consultation is free.
  • I am being investigated for a crime. What should I do? It is important to contact a criminal defense attorney as soon as you become the target of a criminal investigation. During this time, we can do pre-filing investigations and contact the investigating officer on your behalf. Too often we are contacted after the client has already given a statement to the police. If you are facing jail time or prison, it is crucial that you hire a competent criminal defense attorney immediately.
  • Do I have to talk to the police? No.  When you are being investigated or questioned as a suspect remember that the government may not have enough evidence to charge you. The government is hoping that you will give them the evidence they need voluntarily.  By cooperating, you may end up creating or strengthening the government's case.  You have the right to not incriminate yourself.
  • I was pulled over for speeding and the officer asked to search my vehicle. Can I refuse? Yes. Many people do not realize that they can refuse a search. A traffic stop is normally just that. If the officer issues you a citation and has no basis to suspect that you are armed and dangerous or involved in criminal activity, the officer cannot search you or your car. If the officer does see something suspicious, then the law allows the officer to do a "pat-down" search of you and of the passenger compartment of your car. The police officer can also "frisk" (feel the outside of) any purses, bags, or other things in the car that could hold a weapon.  If you allow the officer to search you or your car, however, then the search will normally be considered valid -- even if there were no solid reasons behind the officer's request.
  • I was pulled over for Drunk Driving. What happens I refuse a blood-alcohol test? Refusing a chemical test at the request of a police officer results in a 6 month license suspension for the first refusal and a 1 year suspension for the second refusal in 7 years.  However, refusing to submit does not mean that the police can not get a sample. The police officer may obtain a search warrant for your blood from a judge based upon probable cause that the driver is intoxicated. If the search warrant is granted then the police may draw your blood with out your consent; generally this is done at a local hospital.
  • I was convicted of Drunk Driving. Can the police take my car? Yes. With the 1st drunk driving offense a judge may immobilize your vehicle. After a 2nd or subsequent offense a judge must immobilize your vehicle.
  • The office never gave me a Miranda warning. Can I get my case dismissed? No. The police are only required to give you your Miranda warnings if you are under arrest and the officer wants to interrogate you. The only consequence of not informing you of your rights is that the prosecution cannot use any of your answers to questions asked by the police after the arrest.  However, if you do receive your rights and still volunteer any statement to the police, that statement is admissible in court against you.  It is always best to have an attorney with you during any police questioning.