Strong Defense Against Criminal Charges
Being accused of a criminal offense can be a terrifying experience, particularly if it is your first time. The important thing to remember if you have been charged with a criminal offense in Kentucky is that you have a number of rights. Those rights, however, can only protect you if you are aware of them and you assert them.
At Musselwhite, Meinhart & Staples, our criminal defense attorneys will zealously fight for you after an arrest. We are dedicated to protecting your rights throughout the prosecution of your case. We will defend you at every stage of your case and help you explore all options to minimize the impact on your life.
Since 1982 we have provided an aggressive defense to help our clients find the best possible outcome. Our lawyers represent individuals in Radcliff, Elizabethtown and throughout north central Kentucky in all types of criminal charges, including:
- DUIs, including test refusals
- Drug crimes, including possession and trafficking
- Assault including domestic violence
- Sexual offenses
- Traffic offenses
What To Know About The Prosecution Process
Although each criminal prosecution is unique, a criminal prosecution typically follows a number of steps, including:
- Investigation: Officers collect evidence to determine whether or not to charge a crime. This may include interviewing you and other parties. Do not consent to questioning by an officer without your attorney present to advise you of your legal rights.
- Arrest: You may be arrested while allegedly in the commission of a crime or pursuant to an arrest warrant issued after an investigation.
- Arraignment: The Judge will explain the charges against you and your rights. Bail will also usually be discussed if you are in custody.
- Discovery: Both sides will investigate further and share information. Witnesses may be interviewed, evidence tested and your defense prepared.
- Negotiation: The state will typically offer a plea bargain. You and your attorney may choose to enter into plea negotiations or may decide trial is a better choice.
- Trial: Your case will be presented to either a Judge or a jury. If you are found guilty you will proceed to sentencing. If you are acquitted the case is over.
Your Rights After Being Accused
You have a number of constitutional rights as an accused in the United States. To benefit from some of these rights you must be proactive and assert the right. Among your rights are:
- The right to counsel. You are not required to speak to the police and should have an attorney present if you wish to make any statement.
- The right against self-incrimination. You are not required to speak to the police and should have an attorney present if you wish to make any statement.
- The right against unreasonable searches and seizures. Do not consent to any search. Politely follow the instructions of the officers but clearly state that you want an attorney and that you do not consent to any searches.
- The right to know whether you can leave. ALWAYS ask whether or not you are in custody, and ask politely to leave if you are not. You cannot be arrested for not answering questions or asking to leave.
- The right to confront witnesses against you.
- The right to a trial by jury.
- The right to a speedy trial.
These rights are guaranteed to you by the U.S. Constitution and are intended to make the criminal prosecution process as fair as possible for an accused. If one of these rights has been violated it may affect the prosecution of your case. In some cases, it can even lead to a dismissal of the charges against you or to the suppression of evidence that was obtained illegally.
During any encounter with law enforcement be polite, do not resist, and do not run. You should only fight a criminal case in court with an attorney by your side.
Do Not Wait To Speak With Us About Your Case
We will work tirelessly to defend you and to protect your future. Your life can forever change after an arrest. We are available 24/7 to answer your questions and fight for a better future. Contact us as soon as possible after an arrest to start protecting your future. Schedule a free consultation by calling 270-872-4537 or contacting us online.