NEVER, under any circumstances should you give an oral or written statement to the police.  The police will try to get you to waive your right to an attorney.  They are even allowed to lie to you.  And they will lie.  Do not give a statement to the police for any reason.  The law requires you to state unequivocally “I want to remain silent, and I want a lawyer.”  Do not say “I think I need a lawyer”, or “do you think I should talk to a lawyer.”  You must insist on keeping silent and ask for a lawyer.

An arrest is made when the police take the defendant into custody/jail.

Once you are arrested the police create a file on the suspect.  The police take fingerprints, booking photos, and pertinent information such as date of birth, height, weight, etc.)

The police will then charge the suspect with a crime and set a bail.  If the arrest is by way of a warrant a judge may have already set the bond amount.  At this point the suspect can post the cash bond to the police, or call a bondsman to post the bond.  If a cash bond is posted directly by the suspect, the suspect will get this money back when the case is over.  If a bondsman is hired, then the bondsman posts the bond on behalf of the suspect.  The bondsman usually charges between 5 – 10% of the bond set by the police/Judge.  The suspect will not get back the money paid to the bondsman.

If the suspect cannot post a bond.  Then the suspect is brought to court where the suspect’s lawyer can argue for a lower bond.  If you are under arrest, you should hire an attorney immediately so that he/she can argue your bond for you before the judge.  If the suspect still cannot post the bond, then the suspect remains in jail until the case is resolved.  Under limited circumstances, the defendant can be released from jail, and sent to an Alternative Incarceration Center, where they will be held pending the outcome of their court date.  This usually occurs with people who have an underlying drug addition problem.  The court can issue non-financial conditions as well with a release.

Call the Bojka law offices as soon as possible if you have been, or may be charged with any criminal offense.

Toll Free:
203-596-7449

24 hours a day/
7 days a week.

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Discovery is the process by which prosecutors and defense lawyers exchange information about the case.  The Prosecution has duty to disclose documents, tangible objects, and lists of witnesses the prosecution intends to call at trial.  Although this is the law, many prosecutors choose to hide evidence, withhold evidence, or simply disregard certain pieces of evidence.

Once the information is disclosed by each side, the prosecutor and criminal defense attorney attempt to resolve the case.  The defense could file additional motions, or attempt to resolve the case by way of a plea bargain.  If no plea bargain agreement is achieved, then the case heads toward a trial.

There is a constitutional right to a trial before the jury both in U.S. Constitution and the Connecticut State Constitution.  The prosecutor will call witness, and present evidence against you.  Your attorney must zealously represent you and present the facts in a light most favorable to you.  You do not have to testify, and you may chose to remain silent.

After all evidence is presented, and testimony is heard by the jury, the case is submitted to the jury for deliberations. If the jury believes that the prosecutor has proved the case beyond a reasonable doubt, the jury will find the defendant guilty.  If the jury is not satisfied that the case was proved beyond a reasonable doubt, then the jury is obligated to find the defendant not guilty. If the jury cannot reach a unanimous verdict, a hung jury will be declared, and the defendant could be retried.

If the defendant is found not guilty, the case is over and the defendant is released never having to return to the court again.

If the defendant is found guilty he is sentenced by the Judge presiding over their case. At this time each party may request that the judge take into consideration certain evidence presented in the case.  The prosecutor will always ask for a very high sentence for no other reason than the accused forced the state to have a trial.  You will get a much lengthier sentence if you lose after a trial, than if you were to agree to a plea bargain.  The reality is that a defendant is punished for insisting on exercising his constitutional right to a trial.

A defendant has the right to appeal the conviction and sentence.  A defendant must file a notice of intent to appeal within a limited timeframe, otherwise he will lose his right to appeal his sentence.