FAQs: Criminal Defense 

Getting arrested and facing criminal charges can be a scary and nerve-wracking time. Your life can change in an instant when your freedom, reputation, and future are on the line. In this situation, it is common to have a lot of questions about your rights and options.  

The knowledgeable criminal defense attorney at Wiberg Law Office, PLLC can help you answer these questions. Attorney Wiberg has provided exceptional legal representation to clients in Portsmouth, New Hampshire, and the surrounding areas for more than 30 years. Consider contacting Attorney Wiberg to discuss your situation and get personalized legal advice. The law firm provides free initial consultations.  

Frequently Asked Questions (FAQs) About Criminal Defense

If you or someone you care about has been arrested, understandably, you may have many questions and few answers. While you should also consult with an attorney right away, the FAQ section below may answer some of your questions. The following questions are the ones attorneys hear most often from their prospective clients during consultations:  

“What should I do after the arrest?” 

If a police officer tries to arrest you, it is critical that you remain calm and do not resist arrest. The latter will accomplish nothing other than make your situation worse. You can provide your name and other basic information about yourself, but you are not legally required to answer the officer’s questions. Instead, it would be wise to invoke your Fifth Amendment right to remain silent and avoid answering questions until you have your lawyer present.  

“Should I consent to a search?” 

While the laws surrounding searches and seizures are complex, one thing is clear: it is never a good idea to consent to an improper search. When the police do not have a warrant or probable cause to search your person, your vehicle, or your home, the attempted search may be considered “improper.”  

“Is there a difference between a misdemeanor and a felony?”

All crimes in the state of New Hampshire are classified as either a misdemeanor or a felony. Misdemeanors are usually less serious than felonies and cannot result in more than one year in jail.  

Common examples of misdemeanors in New Hampshire are simple assault, stalking, vandalism of public property, disorderly conduct, and resisting arrest. Common examples of felonies are sexual assault, possession of illegal substances, fourth DWI, manslaughter, and kidnapping. Attorney Wiberg at Wiberg Law Office, PLLC has the necessary expertise and resources to defend clients against both misdemeanors and felonies.  

“Will I go to jail?” 

Whether or not you will go to jail or prison is a tough question to answer because it depends on the nature of the charges you are facing, your criminal history, and the circumstances surrounding the offense, among other factors. If you are convicted of a felony offense, you are more likely to serve time behind bars than if you were convicted of a misdemeanor offense.  

Either way, you should avoid guessing and take all necessary steps to protect your freedom. A skilled criminal defense attorney can help you identify the strongest defense strategy to lessen any potential penalties associated with the charge.  

“Should I accept a plea agreement?” 

As you may know, most criminal cases are resolved through plea deals. However, it does not necessarily mean that accepting a plea agreement is your best course of action. Whether or not a plea will benefit you depends on the circumstances surrounding your offense, your criminal history, and other factors. However, if you are not guilty of the crime, it may not make much sense to accept a plea agreement. You may need a skilled attorney to help you understand your options and ensure that you are not agreeing to anything that is not in your best interests.  

“Will my case go to trial?” 

The majority of criminal cases do not proceed to trial because most of them are resolved through plea deals. The truth is, each case is unique. In some cases, an attorney may recommend accepting a favorable plea deal. In other cases, however, the attorney may advise you to take your case to trial. Discuss your unique situation with an attorney to figure out what you should do with your case.  

“Should I hire a criminal defense attorney?” 

When facing criminal charges, a criminal defense attorney can act as your protector and trusted advisor. Just as you would not go into the ocean without a boat, you should not go into the criminal justice process without an attorney. With so much at stake—your freedom, reputation, and future—representing yourself in a criminal case is never worth the risk.  

Answering Your Hardest Questions

The attorney at Wiberg Law Office, PLLC is not afraid to take the toughest questions from clients and provide straightforward answers. If you have been charged with a crime in Portsmouth, New Hampshire, Attorney Wiberg is here to help you fight for your rights. The law firm also serves the surrounding areas of Strafford County, Rockingham County, Dover, Manchester, and Hillsborough. Request your free consultation with Attorney Wiberg by reaching out to his office today.