NOTICE:  THIS WEB PAGE WAS CREATED FOR EDUCATION PURPOSES ONLY.  ALTHOUGH EVERY ATTEMPT HAS BEEN MADE TO PROVIDE ACCURATE INFORMATION, YOU READ AND RELY ON THIS INFORMATION AT YOUR OWN RISK.  YOU MUST NOT ACT, FAIL TO ACT OR RELY ON THE INFORMATION HEREIN.  YOU SHOULD CONSULT WITH AN ATTORNEY AND DISCUSS ANY LEGAL PROBLEM YOU MAY HAVE BEFORE TAKING ANY ACTION OR INACTION.  IF YOU DO NOT HAVE AN ATTORNEY, YOU ARE INVITED TO CONTACT OUR LAW OFFICE AN MAKE AN APPOINTMENT TO DISCUSS YOUR LEGAL PROBLEM. THE CHOICE OF A LAWYER IS AN IMPORTANT DECISION AND SHOULD NOT BE BASED SOLELY UPON ADVERTISEMENTS.

CRIMINAL DEFENSE

1.       What do I do if I am arrested?

                First, do not panic.

                Second, do not speak to anyone.  Provide only the necessary booking information, such as your name, date of birth and social security number.

                 Third, if your family or friends are able to post your bond, call them. Otherwise, call a bondsman.  If the bond is  too high for either your family or a bail bondsman to make, an attorney can ask the judge to lower your bond.

          2.       What is the Miranda Warning?

                   The Miranda Warning are rights that are set out in Miranda v. Arizona, 384 U.S. 436 (1966).  Before the police interrogate a person who has been arrested, they must advise him or her of the following:

                   (a)      The arrestee has the right to remain silent.  The arrestee is not required to say anything or answer any questions.  Anything said can and will be used against the arrestee in a court of law.

                   (b)     The arrestee has the right to talk to a lawyer before questioning and to the presence of a lawyer during questioning.

                   (c)     If the arrestee cannot afford a lawyer, one will be provided free of charge.

                   (d)     If the arrestee starts to answer questions, the arrestee may nonetheless stop answering at any time.

          3.       What happens if the police fail to give me the Miranda Warning at the time of my arrest; does that act as a defense to my later criminal prosecution?

          You will still be arrested and processed.  Failure to give the Miranda Warning  is not a defense against criminal prosecution.  However, any statement made by you after your arrest, while in custody, cannot be used against you unless the Miranda Warning was given and you agreed to talk with the police.  Even if you have refused to give a statement, you still may be prosecuted and found guilty if there is other evidence from which the jury can find you guilty beyond a reasonable doubt.

          4.       Should I give up or waive my Miranda Rights after I am arrested; what if I am truly innocent?

          You should always exercise your rights to remain silent after your arrest and ask for an attorney.  The police would not arrest you unless they had a reason to do so.  Innocent comments may later be used against you.  Innocent persons sometimes go to prison or jail.  The Constitution was created to protect you from aggressive police conduct.  With aid of an attorney, you can decide if it is in your best interest to talk with the police and give a full and complete statement.

          5.       Do I need a lawyer if I am guilty?

          Yes.  A lawyer will be able to make sure that your rights have not been violated.  A lawyer can defend you against false claims made against you and make the prosecuting attorney prove the case against you.  If found guilty, a lawyer can make sure your sentence is not harsh, but appropriate for what conduct you are actually guilty of committing. 

    6.      Are the attorneys of the Law Office of Seufert & Dudley, P.C.  experienced in criminal matters?

          Blake Dudley is a former Assistant Prosecuting Attorney of St. Francois County and an experienced trial attorney, who has the unique view point of having prosecuted defendants, but now represents defendants who are in trouble with the law.  He is familiar with all aspects of criminal law and regularly appears in all courts, defending clients charged with criminal offenses.