FAQ’s: Pikulski Legal Answers
What’s going to happen with my case?
Even after an initial meeting and reviewing charging documents, no attorney can reliably predict the outcome right away. In criminal cases, the process really begins with discovery—the evidence gathered by the State (police reports, witness statements, videos, records, etc.). Once discovery is received and reviewed, you’ll have a clearer sense of the strengths and weaknesses of the case and can start discussing realistic outcomes. Be cautious of lawyers who immediately promise a great result or threaten worst-case scenarios—they don’t have enough information yet to be certain.
What will the fee be for my case?
No two cases are exactly alike, so fees vary based on the details—such as the charges and your prior record. Most firms encourage a free consultation to understand your situation before quoting a fee. Many criminal defense attorneys use a flat fee structure, meaning you won’t be billed hourly. In many cases, a fee for District Court representation can be quoted after the initial meeting.
What is the difference between District and Circuit Court?
Most criminal cases start in District Court. Misdemeanor cases usually stay there. Felony cases often begin in District Court and then move to a preliminary hearing to determine if there is enough evidence to proceed. If a judge or grand jury finds sufficient evidence, the case moves to Circuit Court. If not, the felony may be dismissed and the case continues in District Court. There are exceptions, which is why legal guidance is important.
My felony charges were dismissed, and now I’m charged with the same thing again. How is this possible, or legal?
This often happens when the State is not ready at the preliminary hearing. The prosecutor may dismiss, or nolle pros, the charges, leaving the case in District Court. Later, the State can bring the charges back through an indictment. While it can feel unfair, it is legally allowed. Having proper legal representation is important to navigate this situation effectively.
No one read me my rights; can my case be dismissed?
This is one of the most common questions, and it’s often misunderstood due to how it’s portrayed in TV and movies. You do have a constitutional right against self-incrimination and a right to legal counsel, but these rights apply specifically during a custodial interrogation—when you are in police custody and being questioned as part of an investigation. At that point, law enforcement must inform you of your right to remain silent and your right to an attorney.
However, police can ask questions before a custodial interrogation begins, and you are still free to refuse to answer them. There is no constitutional requirement that police read you your rights before making an arrest. The key issue is whether you were actually detained and whether questioning had reached the level of a custodial interrogation. These distinctions can significantly impact whether statements are admissible or could lead to a dismissal. Having an experienced attorney evaluate these details is critical.