Frequently Asked Questions
Cleveland, Ohio criminal defense lawyer Daniel M. Margolis provides answers to some frequently asked questions in the various areas of criminal law.
- Should I talk to the police when they question me about a crime?
- What rights do I have if I am arrested?
- Why should I choose you to represent me in a criminal case?
- Do you guarantee an outcome?
- What can I expect to happen in court?
- Why does the process take so long?
- If my record is expunged, do I ever have to admit that I have a criminal record?
Protect your constitutional rights—call today
If you or a loved one is either under investigation or charged with a criminal offense, time is of the essence. The outcome of your case—or even whether or not you will be charged with a crime—may depend on how quickly a skilled criminal defense attorney intervenes. Protect your constitutional rights: Call the Law Office of Daniel M. Margolis at 216.539.7077 or contact the firm online.
Call for an initial consultation, 24 hours a day, seven days a week. The office is conveniently located directly across the street from the Cuyahoga County Justice Center at 323 Lakeside Avenue West in Cleveland.
Should I talk to the police when they question me about a crime?
At the scene of a crime, police are trained to treat everyone as either a victim or a suspected perpetrator. If you are a victim of the crime, by all means talk to the officer and provide the best information you can to help with the investigation. If you are not a victim, you must give your correct name and address when questioned by a police officer. Failure to do so may be obstruction of justice. Beyond that, you do not have to talk to the police right then and there. You can remain silent or ask for time to go and talk to an attorney before making a statement.
If the officer takes you in for questioning, it is often wise to say nothing until you speak to a lawyer.
What rights do I have if I am arrested?
When you are arrested, a police officer should advise you of your constitutional rights that include:
- The right to counsel
- The right to remain silent
- Anything you say could be used against you
Why should I choose you to represent me in a criminal case?
When you hire The Law Office of Daniel M. Margolis regarding defense of criminal charges in Ohio, you get one-on-one attention from me throughout the duration of your case. I will discuss all aspects of your case with you, such as the potential defenses and outcomes for the offense charged.
I have significant criminal defense and prosecution experience and work to protect your rights. I will conduct a thorough investigation, present an honest assessment of your case and provide exceptional representation.
If I intervene early in an investigation, I often can prevent charges from ever being filed. I try to reduce or eliminate bail bond amounts to help keep clients out of jail while their case is pending. I provide an aggressive defense. I negotiate a plea agreement, when warranted, but will not hesitate to go to trial to bring clients the best possible conclusion. If there is a conviction, I work to limit jail time and fines during sentencing.
I can never guarantee an outcome. I can only guarantee that I will put my full knowledge and considerable skill to work on your behalf. Many variables impact the result of a criminal case:
- The facts of your case
- The level of diligence applied by investigators
- A prosecutor’s willingness to negotiate
- Our ability to find credible witnesses and evidence
- The composition of the jury
- The judge assigned to the case
What can I expect to happen in court?
Your first court appearance may be your arraignment. At this time, you are formally advised of the charges against you and bail is set. You should plead not guilty and immediately seek legal advice from a qualified attorney if you have not already done so.
If your case goes to trial, the prosecution will present its case, including witnesses, experts, and evidence. As your defense attorney, I will cross-examine the witnesses, challenging their testimony, as well as challenging the evidence. Then I will present your defenses, including witnesses, experts and evidence, and the prosecutor will try to challenge those. Each side will make closing arguments, and the case will be considered by the jury, or, in a bench trial, by the judge. The judge or jury will determine your guilt or innocence on each charge.
If you are found guilty, the judge will impose your sentence. You may also appeal your conviction and/or sentence to an appeals court.
The appeals court does not conduct another trial. It reviews the record from the trial court and decides whether the correct law was applied and whether the evidence supports the judge's or jury's decision. The court of appeals also decides complex issues of law.
Why does the process take so long?
Every case is different. A number of factors influence how long a criminal case takes:
- The type of case
- The complexity of the case
- The court the case is in
- The judge assigned
- The prosecutor
- Forensic evidence
- Witness and expert availability
- Discovery
- Pre-trial motions
If my record is expunged, do I ever have to admit that I have a criminal record?
After your records are sealed or expunged, you may truthfully say that you were never arrested, charged, or accused of a crime. In the eyes of the law, the entire incident never happened. In most respects, a sealing or expungement restores you to your pre-arrest or pre-charge status. However, you should be aware that the federal government does not have to honor the expungement, nor does an expungement of a conviction necessarily relieve you from having to disclose it in an application for public office or on some professional license applications.
