After an arrest, you will be brought before a judge to be formally charged with a crime and provided an opportunity to be released while awaiting trial.  You might be required to post bail, or you may be released on a Personal Recognizance (PR) Bond, which is your promise to appear in court.  To decide whether to require bail, the judge will consider various factors, such as your family ties, financial resources, employment record and the seriousness of the crime you have been charged with.   For people who have never before faced criminal charges, an arrest can be a frightening experience.  The...

Once arrested, you are entitled to telephone a lawyer, a friend or a family member to notify them of your arrest.  You also have the right to consult an attorney and have him/her present when the police question you.  The best practice is to remain silent until your lawyer is present since any statement you make can be used as evidence against you.   After an arrest, if you cannot afford an attorney, you are entitled to a court-appointed lawyer.  The police are required to notify you of these rights before questioning you. Even if you decline an attorney initially, you retain...

Resisting arrest is a big topic in the news lately. The police may use the reasonable force necessary to arrest you, but they are not permitted to use excessive force or brutality. Cooperate with the officers and follow their directions. You don’t want to be charged with resisting.   Ordinarily, the police must have a search warrant before conducting a search.  After an arrest, the police may search you and the immediate area around you without a warrant if they reasonably suspect that you may be armed.  A search is also permitted if police see contraband at the time of an arrest....

The police can arrest you without a warrant for committing a misdemeanor in their presence.  Examples include:  trespassing, disturbing the peace, driving under the influence of alcohol, failing to stop when you are in an accident, driving without a valid license, or causing the police to believe you will disregard a traffic citation.   What is a citizen’s arrest?  Any citizen (most often this happens with a security guard or store owner) may arrest you if you have committed a crime in their presence.  They can also arrest you if they have good reason to believe that you have committed a felony. ...

The criminal justice system protects the public by arresting and jailing criminals. Not everyone who is arrested is a bad guy.  If you or a friend/family member is arrested, you need to know your rights.  Stay tuned Tessmer Tips on “What to do if you are arrested….” A law enforcement agent (police officer, state trooper, sheriff) can constrain your freedom of movement in an arrest because of your possible involvement in a criminal offense.  You can also be taken into custody if there is a warrant for your arrest.  If a warrant has issued, you can be arrested in your home or...

Top 10 things you must do once your divorce is final: #10 - Lean on your family and friends who love you.  Ask for help when you need it.  Have a girlfriend getaway weekend or gather the guys for golf or poker.  Make new rituals and traditions for yourself and your kids. Divorce can be emotionally devastating; it is natural to grieve. Allow yourself time to reflect and think about what you want your new life to be. Do what makes you happy!  You deserve it!...