Criminal Law and Professional Discipline Frequently Asked Questions

CRIMINAL LAW

What happens if I am arrested?

If you are arrested for committing a crime you will be taken into custody by the police or a federal agency and arraigned before a judge or magistrate judge. The court may set bail depending on the crime you are charged with and your particular individual circumstances. If you cannot post a bond you may be incarcerated pending your next appearance in court. If bond is posted, you will be released and remain free pending your next appearance. During the arraignment you will be told what offens you have been charged with and informed of your constitutional rights.

If I am arrested, can the officer search me?

Yes. Police officers do not need a warrant to conduct a search after making a lawfularrest. After making an arrest, the officer can legally search the person being arrested and the area in the immediate control of the person.

Can the police use force to arrest me?

A police officer may use as much force as is necessary to arrest you. Unreasonable force is assault. After arrest, a police officer may handcuff. If you claim that unnecessary force was used to arrest you, that may give rise to a lawsuit against the police.

PROFESSIONAL DISCIPLINE

I have been contacted by my licensing board or agency regarding allegations of professional misconduct. Do I need a Lawyer?

You are not required to obtain a lawyer but it would be highly imprudent not to. An attorney can advise you whether or not to speak with the agency's investigators and prepare your defense. Once you have retained the services of licensed attorney, the board or agency is prohibited from communicating with you directly without the approval of your counsel.

Please contact Jonathan Marks, P.C to assist you with your criminal and white-collar defense and professional disciplinary action needs.