Frequently Asked Questions
The following are general answers to common questions regarding the criminal justice system. Please remember that each presents unique issues that require competent, knowledgeable and well informed representation. By contacting us immediately, we can start the defense of your case without delay.
How can I afford to hire an attorney?
R. Clayton Lopez Co., L.P.A. realizes the importance of each individual to be represented in court. Therefore, the firm will work with individuals on payment and will accept payment via American Express, Mastercard, Visa and Discover.
Do I need an attorney to appear at my initial appearance or arraignment?
It is always better to have an attorney with you for any proceeding in court. At your initial appearance / arraignment you will be given an opportunity to enter a plea of not guilty as well as request that bond be set.
In some cases a date will be set for your next court appearance.
Bond: Getting Out After an Arrest
Bond is cash or a cash equivalent given to the court to ensure that the arrested person will appear in court at a later date. If a person appears in court, it is sometimes possible to have the cash refunded. However, if an accused person that is out on bond fails to appear, the bond money will be kept by the court and a warrant will issue for their arrest. In addition, to paying cash an individual may be released "on their own recognizance." In that instance, a person only needs to sign a document stating they will return for future court dates.
How Bond is Set
Judges or magistrates are responsible for setting bonds at initial appearances or arraignments. The Eighth Amendment to the U.S. Constitution requires that bond not be excessive and to only ensure that the accused will appear in the future.
When to Exercise Your Constitutional Rights
There are some circumstances where the police are not required to "read you your rights." However, you have not waived them or given them up. If you are arrested or the police accuse you of a crime you should exercise your "right to remain silent" and Contact Attorney R. Clayton Lopez immediately before speaking to anyone regarding your case.
What is the difference between a misdemeanor and a felony?
State law differentiates between crimes that are considered less and more serious. Generally speaking, a misdemeanor is a crime that carries a possibility of a jail sentence of a year or less.
A felony is generally a crime that can carry the possibility of a prison sentence of more than one year.
Felony charges can also bring a number of other repercussions, such as mandatory fines, the loss of the right to vote, and the loss of the ability to practice certain professions, such as medicine and law.
