How Much Will My Defense Cost?

Before we charge you anything, we will review your case and explain how much it will cost for us to represent you in your criminal matter. The amount will depend upon the nature of the charges you face. If you are concerned about your ability to pay for your defense, Smith Law Offices is willing to work with you to develop alternative payment arrangements.

While we do not normally accept payment arrangements, we do offer the ability to accept credit cards and under some circumstances are willing to take small valuables or mortgages as security for our fees. For those individuals only wanting a simple consultation, we charge a flat fee of $150. Contact us today for a free case review.

What should I do if I'm Arrested?

A. If you are arrested, DO:

• Only speak to your attorney about the matter – do not discuss it with anyone else.
• Be polite to law enforcement personnel; being rude to them won’t help your cause any.
• Provide police with your name and address when asked.

A. If you are arrested, DO NOT:

• Resist arrest.
• Try to make bargains with the police. The police don’t have the ability to cut deals, and trying to bribe an officer is another crime you may be charged with.
• Provide any information to the police beyond your name and address before speaking with an attorney.

What Are My Rights if I’m Arrested?
Persons arrested by the police have certain rights (Miranda Rights) afforded to them. These include:

1. You have the right to remain silent. Give the police officer your name and address when asked but you do not have to answer any other questions. Except for your spouse (with marriage certificate), minister, psychologist or doctor, a lawyer is the only person you can speak to with absolute surety that your conversation will not be repeated. Even with your spouse, or the other professionals listed above, there are significant exceptions to this rule so you are advised you to speak with an attorney before speaking to anyone else about these matters. If you decide to answer questions, you may stop at any time and all questioning will cease.
2. You have the right to have a lawyer. If you are arrested or rearrested, do not take any action without consulting a lawyer.
3. If you can’t afford a lawyer and you need legal advice, ask for it. An attorney must be provided free of charge if you can’t afford a lawyer.
4. You do not have to consent to any search of your belongings, person, car or property. If the officer insists, do not resist, but make it clear that you are not consenting!


Other rights afforded to those arrested include:

5. An explanation of the charges against you;
6. The name of the arresting officer(s); and,
7. The right to make one telephone call as soon as practicable after you are brought to a police station. Once the police have booked you, you may call a family member, a friend, your attorney, or anyone else who can help you.

What Will Happen Once I’m Arrested?
The police will bring you to the station for processing. During the booking procedure, you will be fingerprinted, photographed and asked basic information about yourself. After booking you have the right to make one telephone call to a family member, friend, attorney, or anyone else who can help you. You may face more questioning so remember your right to speak with an attorney before answering any questions.

If you cannot afford a private attorney, one will be appointed for you by the State soon after your arrest.

If you have strong ties to the community (own a home, have a job, etc.), you may be released on your own recognizance. This means you do not have to pay any money or post any property to get out of jail and you promise to appear in court when directed.

You may also be released on bail, which involves the posting of either cash or a surety bond as security for your court appearance. Bail bonds from licensed sureties are usually available at a cost of 10 percent of the amount of bail.

Once I’ve Been Arrested And Charged, What are my Legal Protections?

1. You have the right to a jury trial. A jury consists of 12 people (and a few alternates) all of whom have to be convinced that you are guilty BEYOND A REASONABLE DOUBT. If any one the jurors remains convinced that the state has not proved its case then a conviction cannot be obtained. The state may be able to retry you if there is a hung jury. You also have the right to go before a judge only. If you are charged with a misdemeanor you must elect to have a jury trial within 21 days of your arraignment day. All felonies automatically receive a jury trial unless you elect to go before a judge only. All trials are public and should be held in a speedy fashion.
2. You have the right to testify or not to testify. No one, including your lawyer, can force you to testify. Furthermore, if you chose not to testify the prosecutor cannot comment on your silence at trial and it cannot be held against you.
3. You have the right to present and cross examine witnesses. If you have witnesses you wish to present you can either have them testify voluntarily or force even reluctant witnesses to testify by means of a subpoena.
4. The state has the burden of proof. The state has to prove each and every element of each charged offense beyond a reasonable doubt. You do not have to prove anything. You do not have to present any witnesses or evidence, although you do have the right to present them if you wish. (These rights are subject to the rules of relevance and other evidentiary rules).
5. You have the right to appeal any conviction.

If you’ve been accused of a crime, Smith Law Offices can help ensure your rights are protected throughout the legal process. Remember that you have rights. Don’t wait! Contact us today!

What is a Plea Bargain?
Frequently clients will wonder why we are discussing a plea bargain with them when they have hired us to vigorously defend them. As you may guess, the state of the evidence in any given case is not necessarily clear. Often the evidence against you is not as clear as the prosecutor would like. More often the evidence against you is not as weak as we would like. There is one constant in the criminal defense system - nobody knows the outcome for sure until the judge or jury comes back with a verdict. Given this uncertainty, and the often dramatic choices face between the possibility of months or years in jail if being sentenced after trial or taking a plea to lesser charges with significantly less time, clients will prefer the certainty of a plea to the unknown danger of sentencing after trial. It is a common belief amongst all defense attorneys that failing to discuss a plea with the client may constitute malpractice. Discussing a plea does not necessarily mean that we are recommending the plea. You should, however, consider all of your options before committing blindly to any course of action. You have the final decision on whether to accept a plea. No one should push you into this decision. If, after careful consideration, you elect to take the case to trial, we will defend you to the utmost of our ability.

CRIMINAL DEFENSE - FAQs

Smith Law Offices represents clients facing serious injuries, criminal charges or difficult family situations, such as divorce or custody issues.  Our lawyers handle state and federal matters for clients throughout Maine, particularly those located in the counties of Penobscot, Hancock, Piscataquis, Aroostook, and Washington.  Smith Law Offices, P.A. is located in Bangor, Maine.