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FAQ

  • Criminal Defense FAQ

    • Do I have to let law enforcement search my home or car?
      You are not obligated to submit to a police search of your home or car. It is usually best to politely refuse any attempt to search your things, unless they have a valid warrant. Police may attempt to intimidate you by detaining you until they can obtain a search warrant. Police may try to search your home or car if they believe they have probable cause that you have committed a crime or are hiding something. If you feel law enforcement conducted a search illegally, call The law Office of Joe Bisbiglia today.
    • Will I be arrested for refusing to give police a statement?
      Exercising you right to silence cannot be used against you. You are protected from testifying against yourself by the Fifth Amendment. If a police officer is trying to intimidate you into giving a statement, get in touch with a criminal defense attorney immediately.
    • What is a grand jury?
      Grand juries are made up of individuals used to determine if enough evidence exists in order to take a case to trial. A grand jury will use witness testimony, documentation, and other evidence in reaching its determination. The grand jury will decide whether the case will go to trial in the end.
    • How does the prosecution determine the charges I will face?
      The prosecution will look to convict you on charges they feel have sufficient evidence for a conviction. A case will typically be dropped if the prosecution feels that there is not enough evidence to reach a conviction. What constitutes enough evidence to the prosecutor is up to their discretion.
    • I am innocent—do I still need a criminal defense attorney?
      Yes! If you have been arrested there is a chance you may be convicted, even if you truly did nothing wrong. Having a Santa Rosa criminal defense attorney from The Law Office of Joe Bisbiglia on your side can aggressively fight to protect you from false charges. An experienced attorney can make all the difference when standing up for you so your choice of representation is a very important one.