James E. Smith, Attorney at Law, Las Vegas , Nevada

Criminal Defense

Remember you are innocent until the government proves you guilty beyond a reasonable doubt.
1.	If you get arrested admit nothing. You have a right to remain silent and that cannot be held against you. The only reason law enforcement wants to talk to you is to have you help the police build a case against you. Also, if the police want your consent to search remember you do not have to give it.
2.	Don't sign anything more than a traffic citation. You have a right to be free from unreasonable searches and seizures. The police have a right to talk to you to get basic information but you have Miranda rights which protect you from police abuse and give you the right to an attorney.
3.	During your case treat every potential witness as if he or she is wired. Don't share the police reports. A lot of snitches use what you say and what they read about you to get a better deal for themselves.

4.	If you are arrested call an attorney to lower your bail before you call for the bondsman. This can save you substantial money because the standard bails are set high and an attorney knows how to lower them. You may even get a own recognizance release.
5.	Your first court appearance is an arraignment or bail hearing. The next court hearing is a trial in misdemeanors and a preliminary hearing in gross misdemeanors and felonies. You do not get a jury trial for misdemeanors and traffic cases but you do for gross misdemeanors and felonies. If there is probable cause for a trial on the gross misdemeanor or felony you will be bound over to a higher court for trial unless you are indicted by the grand jury first.
6.	Most cases are plea bargained before trial and go directly to sentencing. If you do go to trial you have a right not to testify, you can subpoena witnesses, cross examine the witnesses against you and appeal any decision against you. Before sentencing on gross misdemeanors and felonies the probation department prepares a presentence report with a recommended sentence. On misdemeanors and traffic the judge immediately sentences you.
7.	If you have property seized by the police it is either held for evidence or the government will attempt to forfeit it. In criminal cases it is best to get an attorney even if you just think you will be charged with a crime.

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