大多数案件，提出有罪辩护或经审判裁决有罪后，会有以下几种选择： · 申请新的判决或申请撤销有罪辩护 · 上诉 · 减刑(modification of sentence) · 清洗犯罪纪录（expungement）

在被证明你有罪之前你都是无辜的。你的辩护律师可能认为对你不利的证据不够充足，不足以证明你有罪。如果你接受审判，可能会获得更好的机会。只要你宣称自己无罪，就会获得审判。

No. Police can request you to accompany them to a police station for questioning but you are not required to go unless you have been arrested for an offence. It is not advisable to speak with the police until you have first spoken with your criminal law attorney. You should ask for a criminal law attorney or independent witness to be present during questioning.

You may be entitled to a Court Appointed Attorney at Public expense if you qualify as an indigent person. An indigent person is one who cannot hire an attorney without causing substantial hardship to himself/herself or dependent family. If you have been charged with a crime, you may complete an Affidavit of Indigence and Request for Court Appointed Counsel at your first court appearance. If you qualify, an attorney will be appointed for you. If you are convicted of a crime, the court may require you to repay some or all of the cost of your defense if it determines you are able.

法律上并没有要求每一位民众都有责任回答警察的每一次询问。事实上，美国宪法第五项修正案赋予每一位民众“沉默权”及“隐私权”。如果警察没有逮捕令或搜查令，民众可以将警察拒之门外。纵使警方有这些文件，被逮捕的人士仍然可以保持沉默，警方不能以暴力或其它不当手段来逼供。美国宪法还赋予每一位民众聘请律师的权利。专业的刑事辩护律师熟悉警察的调查方法，又知道刑事指控所需的证据，因而，如果发现警察正朝着自己来时，应尽早寻找刑事辩护律师来帮忙。

When the police think the evidences are enough, they would file a warrant of arrest with an executive judge. While the police are coming to arrest you with the warrant or they arrested a suspect with criminal activities when they were on duty, before any pertinent questioning of a suspect is done, the police have been required to recite the Miranda warning.—“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to be speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense.” At this moment, the best way to protect yourself is to apply your right to remain silence without answering any questions and ask for calling your lawyer. In this occasion, you are easy to talk too much and make mistakes, while the police are anxious to seek rewards by collecting as many evidences and testimonies as possible. The police always garble the explanations of the suspect so that you shouldn’t talk about your case with anyone before you meet your lawyer.

When you are arrested for a crime, the court sets bail in a specified amount. You can put that amount up with the court yourself, using money or real property. Or, you can use a bondsman. A bondsman will charge a percentage, usually between 10 and 20% of the bond amount, as a premium. This is his fee for making the bond. If the bond is a large amount, the bondsman also may require collateral, such as a the title to a car or home. When the case is over, the Court orders the bond discharged. If the District Attorney decides not to file charges against you, he or she will advise the court of this on your first or second court appearance, and the bond will be discharged at that time. If you paid the bond directly to the Court, you will get all of your money and/or property back. If you used a bondsman, the bondsman will keep his fee -- the 10 to 20% you gave him as the premium. Any collateral you gave him will be returned. Even if charges ultimately are not filed, the bondsman has earned his premium by bonding you out of jail.

A criminal citation is a document like a summons which directs you to appear in court. It is not like an arrest warrant which requires the officer to arrest you, bring you into court, and have a bond set before you can be released. It is far better to be issued a citation than an arrest warrant. You should arrange to obtain the citation from the officer. It will have a court date on it. That is the date you appear. It is not required that you discuss the case with the officer. You should not answer questions about the case. If he asks you why not, you can tell him your lawyer has advised you not to answer questions unless he or she is present. Of course, this does not pertain to identifying data, such as your name and address and date of birth. The officer needs to ensure that he is giving the citation to the correct person.

The Supreme Court has held that stopping a vehicle and detaining its occupants is a 'seizure' of the person within the meaning of the Fourth Amendment. Therefore, in order to stop and pull a vehicle over, the officer must have observed or have probable cause to believe that a traffic or other offense has occurred. In Oregon, where you are from, if you were pulled over and dispute that a traffic infraction or other crime was committed, the court will examine the facts that the officer relied on and decide whether, when viewed objectively, those facts provide probable cause to believe that you committed the offense. The state will have the burden of identifying the specific infraction you committed. This is because under Oregon law, it is the existence of an infraction, or the existence of facts supporting probable cause to believe that an infraction has been committed, that provides authority to the officer to stop the vehicle. If you are fearful of going on your own, take a friend, or a lawyer with you.

There are many factors considered in the pr osecution of a gun possession: • With what degree of gun possession are you charged? • Is it a federal or a state case? • How old are you? • Was the weapon loaded? • Was it operable? • Were you carrying the gun with the intent to use, to harm or rob someone? • Or were you carrying the weapon because you feared for your life, for example, had you previously been beat up, shot or robbed? • Where was the gun recovered? At your place of business? At your home? • Did you make any incrimintating statements to police? • What were the circumstances under which the gun was recovered? • Did you pull it out to use it? • Did police stop and search you or search the vehicle you were in? or Did they search your home? • Did they have a search warrant? Usually gun possession requires a mandatory jail sentence, if the gun is loaded and operable, unless mitigating factors can be shown. You should speak to the lawyer you were assigned. If you cannot communicate with your attorney, you should retain a lawyer with whom you can. Be up front with your attorney. It is important to find a lawyer with whom you can have a real conversation, someone whom you can ask questions and who will provide you with answers you understand. The information may not be what you want to hear, but it is important to be informed about your choices. It is critical to know what your rights are, the evidence the prosecution has against you, the time you face in jail, and whether there are alternatives to incarceration.

You can be convicted of possessing cocaine while a passenger in another\'s vehicle if the jury determines that you had actual or constructive possession of the drug. Since the cocaine was on the driver's person, you did not have actual possession of it. The state will have to prove you had constructive possession of the drug. Constructive possession occurs when a person knowingly has ownership, dominion or control over the drugs. You can be found to be in constructive possession of the drugs if you knew the driver had them and you had the ability to use them or control their destiny, meaning guide them to wherever they were going next. You could also be found guilty if the jury determines you facilitated or aided and abetted the driver's possession of the cocaine -- such as by providing the drugs to him or her or setting up the purchase for the driver with a third person. However, if you had no knowledge that the driver had cocaine on him and had no role in coming into possession of them, you are not criminally responsible. Mere presence at the scene of a crime is not enough to establish guilt. Possession of cocaine is a serious offense and one that will stay on your record if you are convicted by a jury. You should consult with an experienced defense lawyer in your area who can best advise you as to whether you have serious criminal exposure and/or a valid defense in this matter.

Many jurisdictions have either a general "attempt" crime or individual statutes that make attempted murder or attempted robbery or the like a crime. The purpose of these statutes is to punish an individual who has shown himself or herself to be dangerously inclined to commit a crime without waiting until the criminal act is actually completed. In order to convict a person for an attempted crime, the government must prove beyond a reasonable doubt that the person had the intent to do an act or bring about certain consequences that would amount to a crime, and that he or she took some step beyond mere preparation towards that goal.

A grand jury is a group of people called together by the prosecutor to gather information about suspected criminal activity by listening to testimony from witnesses and examining documents and other evidence. The prosecutor acts as legal advisor to the grand jury and directs the flow of witnesses and evidence. At the end of the proceeding, the grand jury decides whether there is enough evidence to put the defendant on trial for the crime.

Under federal law, only one party's consent is required to record a conversation. Every state has its own law on recording telephone conversations. In New York, where you are from, you may record your conversation with another person without that person's knowledge. Before recording a conversation you should check with a lawyer, since many states have civil and criminal penalties for illegally recording telephone calls and for disclosing or publishing the contents of the conversation.

False reporting of a crime and making a false statement to a police officer are separate crimes. Whether either is a felony or misdemeanor depends upon the law of the particular state involved. In Georgia, where you are from, making a false statement to a police officer is a felony and carries a penalty of either a fine or a prison sentence of between one and five years. To be guilty of this offense, one would have to knowingly and willfully make a false, fictitious, or fraudulent statement to a police officer. State of mind is very important to determining whether this offense has occurred. Willfully essentially means intentionally. False reporting of a crime in Georgia, on the other hand, is a misdemeanor. A person commits this offense if she willfully and knowingly gives a false report of a crime to a police officer or causes a false report of a crime to be given.