The Law Offices of Mark A. Fury PC

It depends. If you committed a crime before you were of age your criminal record will be sealed. If you are over the age of consent when you are found guilty of a crime it will remain on your record forever unless you have it expunged. Expungement means the conviction is “set aside” and your criminal record is sealed from public view. This means it can only legally be viewed by specific non-public parties, such as government agencies.

Arraignment is the formal reading of the criminal charging document. One of the most important things that happen during the arraignment is that you are informed of the charges against you. In most legal systems you will have the right to have the entire indictment read in front of you. The arraignment is also when bail is set, if you are eligible. Finally, the judge sets the next court date and lawyers can file motions or requests for discovery.

Yes, it is important to have a lawyer represent you any time you are accused of a crime, regardless whether you are guilty or innocent. Even if you are guilty, a lawyer will work to ensure you receive the least punishment possible. This might include a plea deal. Lawyers also ensure clients are treated according to the law, so you will know your rights are not being violated. Even if you plead guilty, it is important to work with a lawyer.

Both you and the person who gave you the prescription medication can get into trouble, but what happens will depend on a number of factors, including the amount you have with you, whether you have the drug in your system, and what you were doing when you were stopped by police. It might also depend on the drug. Should you be stopped while in possession of an illegally obtained prescription, it is important to contact a lawyer.

You have the same rights as anyone else who has been placed under arrest. You have the right to not speak to police. They must tell you that anything you do say can be used as evidence against you. You are entitled tophone call and legal representation and police must stop questioning you once you have requested a lawyer. You have the right to be treated humanely.

If you are stopped because police suspect you of drinking while under the influence, you should obey their command to stop and be polite. This does not mean you need to agree to do everything they ask you to do. As a matter of fact, it is important not to say anything that will incriminate you. You should answer their questions honestly, but refuse the field tests and instead ask to have a chemical test at the police station.

No, there are many instances in which breath tests are not accurate. If you submitted to a breath test during a traffic stop your lawyer will review all of the information related to the test. It might be possible to get the results of the test discarded so they will not be used against you, especially if the test was not properly administered in any way. For a breathalyzer to be used as evidence the test must be conducted according to a certain standard.

Yes, you have the right to refuse a breathalyzer test. However, it is important to understand that there are consequences to refusing, but those consequences are not necessarily reason enough to submit to the test. If you refuse a breathalyzer test, you can still be arrested and you can lose your license, but these things will not occur because you refused the test. Police can only arrest you if there is evidence that you committed a crime.

The only time you should speak to the police is when your lawyer is present. If you are arrested, you have a right to not say anything and to wait until a lawyer arrives to speak. You also have a right to refuse to answer any questions you are asked with your lawyer present. And if you are being asked questions and you were not arrested, it is still a good idea to consult a lawyer before sharing information.

If police conducted a search on your personal property without a warrant it might work in your favor, but not necessarily. Law enforcement can perform a search without a warrant under certain conditions. If they entered your home without a warrant, but had no reason to believe that anyone inside was in danger, evidence was being destroyed, or were not invited in, then it was an unlawful search and any evidence found cannot be used against you.