Criminal Defense FAQ

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I've been charged...do I have to speak to police?
A loved one has been arrested and is being held in jail. How can I get him or her out?
A loved one has been arrested and is in jail. Can I discuss his or her case when I visit him?
Can the police enter my house?

I have been charged with a crime or I am a suspect in a criminal investigation, do I have to speak to police about what happened?
NO! You have a right to remain silent and Cohen & Cohen, P.C. recommends asserting that right, especially early in the investigative phase. Even if you know you are innocent, you should consult with an attorney before speaking to law enforcement.

A loved one has been arrested and is being held in jail. How can I get him or her out?
In almost every case, the person charged with a crime is entitled to be bailed out, if a friend or family member can post the required amount for bail. The bail dollar amount is set according to the severity of the charge. In most cases, licensed bail bondsmen will help you post a "surety" bond allowing you to post bail while paying much less than the bond amount. The primary downside is that the bail bondsman's fee is usually non-refundable. For example: the judge sets the defendant's bail at "$10,000 cash or surety." In order to bond your loved one out, you must either post $10,000 cash, or go to a bail bondsman and pay the bail bondsman a non-refundable fee of $1,000-2,000 and have the bail bondsman post a surety bond for the full amount of the $10,000 bail.

A loved one has been arrested and is being held in jail. Can I discuss his or her case when I go to visit him or her in jail?
NO! Jails record all conversations between inmates and their visitors (except attorneys) and those recordings can later be used against the defendant in court.

Can the police enter my house?
Yes, but only if they have a warrant or consent from you.

If I speak with an attorney, but then don't retain the attorney, is my conversation with him or her still confidential?
Yes, the conversation is still confidential.

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