Frequently Asked Questions
Attorney Kurtz has a successful track record of
case results, has an
Avvo Rating of 10.0 Superb, and is
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Knoxville Criminal Defense Attorney, Robert R. Kurtz personally handles every case that comes through his
firm's doors and would be happy to answer any questions or concerns
that you have about your case. Feel free to read through some frequently
asked questions about
criminal defense, which could shed more light on your circumstances.
Knoxville Criminal Defense Lawyer Provides Answers
Should I call a lawyer or a family member after an arrest?
It is best to consult an attorney immediately after an arrest. You can
either contact a family member who can then contact a criminal defense
lawyer on your behalf or you can directly speak to a criminal defense
attorney. Whatever your personal preference may be, it will be critical
to the success of your case to hire a lawyer who can begin investigating
the claims against you immediately. Many times, a criminal defense attorney
can work hard to resolve the legal matter before the prosecutor chooses
to press criminal charges. Robert R. Kurtz, Attorney at Law is available
when needed, not just during business hours.
If I was arrested, will my case go to trial?
No, not necessarily. A proper answer to this question will depend on the
type of offense you were arrested for, how serious the offense was, and
your choice in legal representation. A skilled criminal defense lawyer
could work to prevent charges from being filed or potentially find evidence
to have charges reduced or dismissed. In some circumstances, your attorney
could help you avoid a trial by proving to a judge through a pre-trial
motion that your charges were filed on illegal grounds, resulting in the
dismissal of the case.
What are Miranda warnings (Miranda rights)?
Your Miranda warnings (also known as Miranda rights) are the explanation
of your constitutional right to remain silent and to retain legal counsel
after an arrest and before any custodial interrogation. Both of these rights stem from
your Fifth Amendment right to protect yourself from self-incrimination.
Once you assert your Miranda rights, officers must stop any interrogation
immediately and obtain a warrant or waiver before resuming.
Law enforcement officers are required to advise you of your Miranda rights
during an arrest or when you are placed in custody with the purpose of
interrogation. If you have responded to an officer's questions or
have been interrogated when under arrest without being read the Miranda
warnings, a criminal defense lawyer can file a motion to suppress those
statements in court. This means that any evidence gathered against you
after an officer's failure to inform you of your Miranda rights could
also be dismissed in court.
Do I really need an attorney to represent me?
Absolutely. The sooner that you retain a lawyer, the better chances you
will have of reaching a positive resolution after an alleged
driving under the influence, or another misdemeanor or felony crime. Early intervention in a criminal
defense case by a skilled attorney can benefit you and help protect your
rights after an arrest. If you have been arrested and feel as though the
evidence against you is overwhelming, only a skilled criminal defense
lawyer can determine the strengths and weaknesses of your case and explain
your options for presenting a defense and taking legal action.
Hiring an attorney immediately after an arrest could make a substantial
difference in your criminal defense case. Only a lawyer can help you avoid
a trial, determine crucial aspects of your case, conduct thorough research,
gather evidence quickly, protect your constitutional rights during an
interrogation or investigation, and draft a proactive defense strategy
to fight the allegations made against you.
Can my criminal record ever be sealed?
Both felony and misdemeanor convictions will stay on your criminal record
for life. No matter how old a prior felony conviction may be, any previous
charges could be used against you to enhance your punishment for any future
criminal charges. In certain cases in which the charges against you are
dismissed, an arrest can potentially be erased from your record. If you
are convicted of the crime, however, your criminal charge will remain
on your record for life. Even if the charges against you are reduced to
a lesser conviction, your criminal record will still indicate a criminal
charge. Your criminal record will include the original charge and will
also indicate that the charge was reduced.
Eligibility for a criminal record sealing does not necessarily mean that
expungement of your record is guaranteed. In order to successfully seal
a criminal record, you must follow several strict procedural steps. Failure
to follow the criminal record sealing process will prohibit you from sealing
your criminal record. To ensure that your forms are properly filed with
the court, you should consult an experienced criminal defense lawyer first.
Information from a Knoxville Federal Criminal Defense Lawyer
What is a federal crime?
Some crimes can be prosecuted at a local or state level. In some circumstances,
however, crimes can escalate and must be prosecuted at a federal level.
These types of crimes are referred to as
federal crimes or federal offenses. Crimes that involve federal property, violate federal
laws, or cross state lines can be prosecuted under harsher federal laws.
The resulting conviction on a federal charge can be much more severe than
a conviction for a state-level misdemeanor or felony.
How is the federal criminal process different from the state criminal process?
The federal criminal process differs slightly from the state criminal
process. At first glance, it is obvious that federal crimes warrant higher
penalties and more consequences. In either case, you will need legal representation
at every step of the process. The federal criminal process includes:
- Arrest / bail process
- Appeals process, if needed
What are bail bonds?
Bail -- or bail bonds -- simply refers to an amount of money or property
that is required by the court to release a person from jail. Bonds are
used to guarantee that a person will return for all court dates. If a
person fails to return to court on a mandatory date, his or her bail bond
will be forfeited and a bench arrest warrant will be issued for his or
her arrest. Bail can take the form of cash, property, or bail bond posting
from a bail bond company.
What happens if a police officer fails to inform me of the Miranda warnings
Miranda rights are an explanation of your Fifth Amendment right to protect
yourself from self-incrimination. If a law enforcement officer fails to
inform you of your Miranda warnings, several things can happen. Law enforcement
officers are required to advise you of your Miranda rights during an arrest
or when placed in custody with the purpose of interrogation. If you have
asserted your constitutional rights to remain silent and retain legal
counsel, then an officer is required by law to stop questioning you until
you have spoken with your Knoxville federal criminal defense lawyer.
If you have responded to an officer's questions or have been interrogated
when under arrest without being read your Miranda rights, a federal criminal
defense lawyer can file a motion to suppress the evidence in court. This
means that any evidence gathered against you after an officer's failure
to inform you of your Miranda rights could be suppressed in court. This
is an important element of a defense case, so consult a lawyer to ensure
that your constitutional rights have not been violated.
If I am under investigation, but have not yet been arrested, do I still
need a lawyer?
Yes. The sooner that you contact a federal criminal defense attorney,
the more your legal representative can help you through the process. You
have important rights during an investigation process that must be protected.
Failure to be informed of your rights could lead to unfortunate implications
of guilt or self-incrimination. How you proceed through an investigation
-- and how your legal representative guides you through the process --
can have a major impact on the final outcome of your case.
Answers to Your Concerns Are Just a Phone Call Away
If you have been accused of a criminal offense in Knoxville or fear a federal
investigation, you will need comprehensive and immediate answers to your
Contact the Knoxville criminal defense attorney from Robert R. Kurtz, Attorney at Law as soon as possible. Attorney Kurtz
can review your case during a
case evaluation and determine the best course of action that could yield the strongest
and most effective defense for your charges.
Phone lines are open, so call today.