FAQ Criminal Law

The type of criminal charge assigned is related to the crime and the potential maximum allowed punishment. Essentially, a crime is an illegal act or violation of local, state, or federal law. Even though there are many types of criminal acts, these different criminal offenses can be classified in various ways.

One classification approach divides crimes into felonies, misdemeanors, and infractions.

Felony charge

Felonies consist of the most serious types of crimes, such as aggravated assault, manufacturing drugs, distributing drugs, animal cruelty, murder, tax evasion, and more.

These crimes are punishable by more than a year in prison, with more serious cases receiving life sentences without parole. Additionally, anyone who helped or abetted the felon before, during, or after the crime can also be charged with a felony.

Felonies are often further divided into classes based on the crime’s seriousness and its punishment, where the maximum term of imprisonment is:

• Class A — life in jail or capital punishment
• Class B — twenty-five years or more
• Class C — under twenty-five years but at least ten years
• Class D — under ten years but at least five years
• Class E — under five years but more than one year

Misdemeanor charge

Misdemeanors consist of crimes that are punishable by less than a year in prison, such as shoplifting, simple assault, drug possession, trespassing, public intoxication, and more.

Punishment can range from serving less than a year in prison or jail to community service, probation, or fines.

Like felonies, misdemeanors are further classified based on the crime’s seriousness and its punishment, where the maximum term of imprisonment is:

• Class A — no more than one year but more than six months
• Class B — no more than six months but more than thirty days
• Class C — no more than thirty days but more than five day

There are times, however, when a misdemeanor can be treated like a felony. For instance, driving under the influence can become a felony instead of a misdemeanor if it’s not a first offense or someone was killed.

Infraction charge

Infractions are petty crimes where jail time is not usually a possible outcome. Typically, the punishment will be a fine, and the offender may not have to appear in court.

These often involve violations of local laws or ordinances, like disobeying:

• No parking zones
• Traffic ordinances
• Speed limits in school zones
• Obtaining proper licenses for operating a business
• And more

However, an infraction can be upgraded to a misdemeanor if someone was hurt as a result of the petty crime.

Another way to classify types of criminal charges is to group them into one of five main categories.

Crimes against a person

These crimes result in physical or mental harm to another person. These can be further divided into:

• Homicide — such as first-degree murder, voluntary manslaughter, or vehicular homicide
• Violent crimes — such as assault and battery, child abuse, domestic abuse, kidnapping, rape, or arson

Crimes against property

These are crimes focused on defacing, destroying, or stealing another person’s property — instead of intentionally involving harm toward a person. Some examples include burglary, auto theft, arson, shoplifting, robbery, and larceny.

Financial or white-collar crimes

These are crimes committed for financial gain and involve deception or fraud. Examples include blackmail, cybercrime, money laundering, tax evasion, embezzlement, and fraud.

Statutory crimes

A statute refers to a formal law passed by and signed into effect by a state, city, or country to deter people from engaging in behaviors that are harmful to society. Statutes can vary by state and city. As a result, a statutory crime is an illegal and punishable act under the written law.

Technically, all criminal acts, including the ones discussed above, are essentially statutory crimes since a statute prohibits the action. But four common categories of statutory crimes include drug, alcohol-related, traffic, and financial crimes.

Inchoate crimes

These are crimes that were initiated but not completed or acts that assist in the commission of a crime. To be found guilty, the person must take ‘substantial steps’ to complete the crime, not just intending to commit the crime.

Examples of inchoate crimes include attempt, conspiracy, and aiding and abetting.

A law enforcement officer should read your Miranda Rights to you when being arrested or before an interrogation. The Miranda Rights inform you of your Fifth Amendment Right to remain silent.

If these Miranda Rights are not provided, you need to let an experienced criminal defense attorney know, as this can impact the prosecution’s case.

If arrested, you have the right to:

• Know what crime or crimes you’re being charged with
• Stay silent and not answer any questions
• Stop answering questions at any time and remain silent even if you initially answered some — and law enforcement should no longer ask you questions at that point
• Communicate by phone with your lawyer, a family member, a friend, or a bondsman
• Consult with your lawyer before answering any questions
• Have an attorney present if you decide to answer questions
• Be assigned a lawyer if you can’t afford one before any further questions can be asked

However, be aware that the police have the right to complete the booking process before you can use the phone.

If arrested, tell the law enforcement officer that you want to remain silent and request a lawyer. Do not answer any questions outside of your name if asked, as this is required in some states.

Immediately after being arrested, try to remain calm. Do not resist arrest. Follow police officers’ commands to reduce risk to yourself. Otherwise, officers do have the right to use reasonable and necessary force to overcome resistance when making an arrest.

You can ask what crime you’re being charged with or wait until your lawyer is present.

During this time, stay alert to everything that is happening.

• Remember as much as possible to share with your lawyer.
• Make sure a law enforcement officer read your Miranda Rights to you.
• Additionally, do not sign anything, answer questions, or make any decisions without an attorney present.
• Once you’ve arrived at the police station or detention facility and been booked, you are allowed a local phone call. Be aware, officers are not allowed to listen in on a call to a lawyer, but they can listen to a call to anyone else.

What should you do if you know in advance you may be arrested?

In some cases, you may have some advance warning or suspect you may be arrested.

In these situations, you can prepare by:

• Memorize the phone number of your lawyer and trusted family members
• Establish emergency plans for the care of children or pets if necessary
• Have a plan regarding any medication you take

Search and seizure is a legal term that pertains to a law enforcement officer’s examination of an individual’s home, vehicle, person, or business to find evidence of a crime.

Due to the Fourth Amendment, you have the right to privacy, including prohibiting unreasonable searches and seizures.

As a result, you can refuse a search of your person (including a purse or clothing) or your property if there is no probable cause or a valid search or arrest warrant. If a search or seizure is found illegal, the items seized may not be entered into evidence in a criminal case.

What are the police allowed to search and seize?

In general, law enforcement is only allowed to search the area or areas listed in the search warrant. So if they have a search warrant for your home, they can not also search your car.

That said, officers can look outside the warrant’s scope and seize items in plain sight. Law enforcement can also take action to prevent evidence from being destroyed.

Additionally, law enforcement also has some search and seizure rights when you’re arrested.

For instance, if you’re arrested in your house, law enforcement can conduct a limited search of the immediate area where you were arrested and seize any evidence of a crime that’s in plain sight. Additionally, officers may search the rest of the home for accomplices.

If you’re arrested while driving, law enforcement may conduct a limited search of your vehicle for weapons that can be used against them.

Lastly, a warrantless search could be lawful if:

• The items are in plain sight
• An officer is given consent to search
• A third party provides consent (like a landlord)

Additionally, officers may be able to search without a warrant in some cases during lawful traffic stops, including highway sobriety checkpoints.

Also, school officials can search a student under their authority without a warrant if there are reasonable circumstances.

However, even if officers have a search or arrest warrant, you do not have to answer questions.

If your rights may have been violated, you can:

• Try to remember everything that happened
• Write everything down when you can, including names of officers, patrol car numbers, and the specific agency they work for
• Get medical help if you were injured during the process, and take photos of the injuries
• Look for witnesses and ask for their names and phone numbers
• File a written complaint with the law enforcement agency’s internal affairs division or the civilian complaint board
• Contact your lawyer or the local ACLU office

Additionally, if officers performed a search without a warrant or your consent, state calmly and clearly to them that you have not given your consent. However, do not interfere to protect yourself from harm or being arrested.

Instead, ask anyone there to witness that you’re not giving permission. Write down the names, badge numbers, and departments of the searching officers. Then contact your lawyer as soon as you can.

Understanding your interrogation rights is essential to ensure you avoid being coerced into a confession.

During a police interrogation, you have the right to:

• Remain silent — you don’t have to answer any questions
• Representation by a criminal defense attorney — talk to your lawyer before talking to law enforcement
• Have your attorney present — you can request to have your lawyer present during the interrogation to ensure you don’t answer anything or do something to worsen your situation

For instance, officers may pressure you or try to manipulate your emotions and reactions, so you confess.

They also may use tactics to make you less likely to ask for a defense attorney, like implying they can only help you if you talk to the officers. Or that by cooperating, you will help your situation, implying a lesser sentence or that you’ll be let go.

Remember that officers do not have to tell you the truth during an interrogation. They are permitted to use deceit. For example, they can say there is evidence that convicts you or that someone saw you committing the crime — even if it’s not true.

What can you do if you believe you are being coerced into a confession?

If you believe you are being coerced into a confession, you should immediately stop answering any questions and inform the officers that you want an attorney present before continuing.

They should not ask you any more questions until your attorney arrives.

You’ll need to let the attorney know what happened before they arrived, the questions you answered, and the information you provided. Do this without the officers present.

Defense lawyers can help ensure you only answer questions that can’t be held against you and help protect you from coercive tactics. It is critical to have trusted representation present during an interrogation to ensure you aren’t coerced into confessing or providing information you don’t need to give.

Lastly, if you’ve already been coerced or wrongfully confessed to a crime, contact a criminal defense attorney so they can help you.

Both your defense attorney and the prosecutor can file pretrial motions after the arraignment — where you hear the charges against you.

A pretrial motion is usually a written request filed with the court by either the defense attorney or the prosecutor. Pretrial motions are used to ask the court to make a legal decision on a particular issue before the trial begins. These pretrial motions essentially can establish some boundaries for the trial.

The motions can impact many aspects of the trial, such as the courtroom, trial, evidence, testimony, trial location, or defendants. Additionally, a pretrial motion can be made to end the case called a motion to dismiss.

Some pretrial motions are procedural, such as a motion for an extension, to amend to change a defective warrant, or for a speedy trial (held within 60 days). Other types may impact the trial’s scope, like a motion to consolidate a trial or a joint trial.

Common pretrial motions

Some common pretrial motions that a criminal defense lawyer may file before trial include:

• Motion to modify bail — The defense attorney may ask for the judge to reduce the bail amount.
• Motion to suppress — A defense lawyer may request this motion to restrict some evidence or statements from being introduced at trial.
• Motion to discover — This motion requests that the judge orders the other side to share or release their evidence so each side can prepare.
• Motion to change venue — If your attorney is concerned it will be challenging to get an impartial jury, they can ask for a different location.

Pretrial motions are filed to give you the best chance of receiving a fair trial and beneficial outcome.

A criminal law trial is a specific process where the facts of your case are presented to a judge and jury or only to a judge in some cases.

Unlike civil cases, the government (state or federal) brings forth the case, and they must prove their case beyond a reasonable doubt.

Before the trial starts, there is a period of weeks to months that allows both sides to prepare. For jury trials, the prosecutor and defense attorney participate in the jury selection process.

After the jury is selected, the criminal trial begins and typically includes the following:

• The prosecutor and the defense lawyer make opening statements.
• The case is presented before the judge and jury, typically involving the prosecutor’s direct examination of the government’s witnesses. During this phase, the prosecutor can introduce evidence. After every witness examination, the defense lawyer has a chance to cross-examine that witness.
• Once the prosecution presents its case, the defense may present witnesses and evidence.
• During the direct or cross-examinations, either lawyer may object to a piece of evidence or question. The judge determines whether the evidence or question is allowed.
• Closing arguments are made once the defense rests its case. Both sides have this opportunity to summarize the evidence and testimony and request the jury to return a guilty or not guilty verdict.
• The judge will then give instructions to the jury if there is one. They (or the judge if there is no jury) have time to process the information, which is called deliberation. Once a verdict is agreed on, the verdict is announced to the judge, lawyers, and the defendant in open court.

What is your role as a defendant?

You always have the right to attend your trial, but in some cases, you may be required to attend. Your defense attorney will present your case after the prosecution finishes presenting its case.

Your defense attorney may introduce evidence and examine witnesses. But you may also choose not to do these steps. Additionally, you have the right to either testify or not testify. The decision of whether to testify is important to discuss with your attorney.

Testifying provides you the opportunity to present your story. But it also allows the prosecutor a chance to cross-examine you. If you don’t testify, the judge informs the jury that this can not be held against you.

What is the role of a plaintiff?

The plaintiff in a criminal case is often “the People” or the State or the Government who are acting on behalf of the victim.

In a criminal trial, the plaintiff has the burden of proof. They must show that the defendant is guilty beyond a reasonable doubt. As a result, the lawyer representing the plaintiff gets to present their side first.

As a criminal defendant, you typically have the right to a jury trial unless your case is considered a petty crime by a judge.

In a jury trial, a selection of citizens will be randomly selected to appear for jury duty. The goal of this selection is to have a variety of jurors that represent a cross-section of the community where the trial is being held.

The judge and attorneys will then ask this group of qualified, potential jurors questions, called voir dire. This process excludes people who would not be a good fit as a juror for the case.

Ultimately, the jury will consist of 12 individuals and some alternates. The jury must reach a unanimous decision to find the defendant guilty.

A bench trial may occur if a defendant waives their right to a jury trial. In this situation, the judge takes on the jury’s role and determines whether the defendant is guilty or not guilty based on the information presented.

However, all parties have to agree to a bench trial. So even if a defendant waives their right to a jury trial, the prosecutor may object, and the judge may reject the waiver — making the case go before a jury.

The judge will determine a sentence (or the legal consequence due to the conviction) when a defendant is found guilty or pleads guilty.

If the crime is a misdemeanor, the sentencing may occur immediately after the conviction is made. Otherwise, the sentencing hearing may take place in court months later.

Sentencing Hearing

At the sentencing hearing, the judge can take input from the prosecutor, the defense, and the victims of the crime (who may speak in person or submit a written statement) to help determine the ultimate sentence. Additionally, the judge also considers other factors like the type of crime and circumstances and the defendant’s criminal history when determining the sentence.

Additionally, your defense lawyer may be able to present information or make the case that your situation may deserve a lesser sentence by proving mitigating circumstances. For instance, the judge may lean towards a lesser sentence if:

• This is a first offense.
• You were cooperative such as helping police identify codefendants.
• You were operating under duress.
• You are a good candidate for treatment.

While the judge typically has some discretion when deciding the sentence, the judge must also conform to any federal or state laws requiring mandatory sentences for some types of crimes.

A sentence can include jail time, a fine, community service, or probation. If found guilty of multiple charges, there can be various sentences.

If found guilty, you may have to serve time in jail or prison (also called incarceration). Typically, individuals sentenced to less than a year of incarceration will serve their time in jail, while those with longer incarceration periods will serve their time in prison.

Women, juveniles, older people, and chronically ill individuals serving time may be housed separately or in different buildings.

A plea bargain occurs when the defendant and the prosecutor reach an agreement where the defendant pleads guilty to a lesser charge for a lesser sentence or so other charges are dropped.

You can make a plea bargain at any point in the criminal case in most states, though it’s often done before going to trial.

A judge may sentence someone to probation as an alternative to jail time. While the person gets to live in the community instead of being incarcerated, they do have to follow specific conditions, which may include:

• Meeting regularly with a probation officer
• Maintaining employment or attending school
• Undergoing drug testing periodically
• Being drug-free
• Not breaking any laws

The length of the probation can vary, including many years. Once probation is successfully completed, the person is free and no longer under the probation conditions. However, if the person breaks the probation conditions, they could be put in jail.

After being arrested, you may be taken to jail. In this situation, the court may set a specific amount of bail money that you can pay to leave jail. In exchange, the defendant promises to appear in court.

The bond money is forfeited if you don’t show up for court. And you may face additional consequences, such as a fine or jail time.

If you post bail, you can get your bail money returned after your case is over if you attend your court dates and fulfill all obligations.

An offender may be granted parole after serving part of their incarceration sentence if found eligible by a parole board.

Typically, an offender must appear before the parole board at a hearing. If parole is granted, the person is released from jail or prison but must follow specific conditions, including being supervised by the prison authority.

If the person violates any of their parole conditions, they may have to return to jail or may be given additional conditions if it was a minor violation.

A defendant who is found guilty may appeal the ruling to a higher court if they believe they were wrongfully convicted or received a sentence that was too harsh.

In criminal cases, a defendant can appeal a guilty verdict, but the prosecutor can not appeal a not guilty verdict. But either side may appeal the sentencing following a guilty verdict.

Appeal process

The appeal process is not a retrial or new trial. Instead, the court of appeals reviews the trial and the decision to look for specific mistakes or errors. New evidence can not be added to the record.

During the appeal process, the losing side (called the appellant) provides a written brief containing one or more issues related to the proceedings or sentencing that supports the ruling was incorrect. The other side (appellee) files a written brief in response to the appellant’s brief stating why the trial or sentencing is correct.

The court of appeals reviews both briefs and may choose to hear a short oral statement from both sides’ attorneys. Then, the court makes its decision, which is issued as a written opinion. If an error is determined, the court may order a new trial or enter a judgment of acquittal.

If you want to appeal, you need to file a notice typically within thirty days following sentencing. An appeals attorney can help you prepare the appropriate information, including the written brief.

A criminal (or crime) record contains a summary of all your contacts with law enforcement agencies. It contains information on all:

• Arrests
• Convictions
• Sentences
• Parole violations
• Dismissals
• Not guilty verdicts

However, civil judgments, like creditor actions and bankruptcy, are not included on a crime record.

A criminal record also provides personal identifying information like identifying marks, weight, height, eye and hair color, social security number, date of birth, and if you use different names.

Law enforcement creates criminal records at the local, state, and federal levels. These records are often used in background checks and by law enforcement during an arrest.

Access to criminal records

Additionally, the public can access most criminal records, meaning anyone could search for what crimes someone committed. But only parts of it are available, such as your name, list of convictions, sentences, fines, and fees. Personal identifying and sensitive information like your social security number are not shared.

However, criminal records and databases maintained at the federal level may include some restrictions and may not be available to the public.

You can request a copy of your criminal record to review it and check its accuracy. Typically, you’ll need to contact the law enforcement agency involved or the FBI if you have records in multiple states.

In addition, any convictions that have been sealed or expunged by the court won’t appear on your criminal record.

Because a criminal record can negatively impact your life in so many ways, it’s essential to minimize and, hopefully, remove charges as soon as possible.

Fortunately, some aspects of your criminal record can be sealed or expunged by a court or a judge. But these aren’t the same thing.

The expungement process essentially removes convictions or arrests from your record. It’s as if they never occurred. However, a sealed record means your criminal record is removed from public view but can still be accessed by a court order.

Requirements

The requirements and eligibility to seal or expunge a criminal record vary by state. But these rules can change. For instance, some states are adopting additional “clean slate” initiatives and laws to help expand and automate sealing records.

The steps to expunge your criminal record may vary by state. But typically, you’ll need to:

• File a petition with the court
• Appear in court
• Serve a waiting period without reoffending

Additionally, you’ll be responsible for administrative and legal fees. If successful, it can take several months for all agencies to destroy their records.

However, keep in mind that while arrests or convictions may have been erased from your criminal record, it does not remove news reports or social media posts that may discuss the events.

Are juvenile criminal records automatically wiped at age 18?

If you committed a crime as a juvenile, your record is not automatically cleared or sealed at age 18.

While state rules vary, many states may allow you to seal your juvenile criminal records for some offenses after a waiting period — often sometime in your twenties.

But your eligibility will depend on the type of crime and whether you committed any additional crimes. For instance, aggravated felonies and sex offenses often can not be sealed. Additionally, whether your juvenile records are sealed will ultimately be up to the court.

Navigating court proceedings can be challenging and emotional for crime victims. But understanding your rights can help you regain a sense of control and help ensure your rights are being attended to.

Every state has specific standards regarding victim rights. Additionally, there are federal standards defined under the Crime Victims’ Rights Act and the Victims’ Rights and Restitution Act.

The Victims’ Rights and Restitution Act defines a crime victim as anyone who suffered direct emotional, financial, or physical harm as a result of a crime. If the victim is a minor, incompetent, incapacitated, or deceased, victim services will be provided to a representative of the victim, such as a family member, spouse, or legal guardian.

In addition to specific rights, crime victims are also entitled to specific services and actions, such as:

• Being informed of where they can receive medical and social services
• Being provided information regarding public and private programs available for counseling, treatment, and other support services
• Having any personal property that’s being held as evidence maintained in good condition and returned as soon as possible after it’s no longer needed as evidence

Here are the specific rights of crime victims.

The right to be reasonably protected

Victims have the general right to be protected from harassment or intimidation throughout the criminal process. Many jurisdictions will inform victims of the specific protective procedures available.

Jurisdictions may also have specific laws in place to make it easier for the victim as they take part in the criminal process. For instance, vulnerable victims, like children, may be able to have special court arrangements.

Some protective measures that may be available for crime victims, if needed, include:

• Secure waiting area that’s separate from others involved in the court proceedings
• Witness protection programs
• Police escort to and from the court
• Specific conditions of bail release for the defendant, such as no contact orders
• Ability to limit interviews with the defense lawyer

The right to be informed of proceedings and events

As a victim of a crime, you have the right to be notified about scheduled criminal proceedings and the outcomes. For example, you should be informed on all proceedings related to pretrial activities, trial dates, sentencing, appeals, parole, and more.

However, the specific events may vary by state. For instance, not all states notify victims about bail proceedings or bail release.

Victims also should be informed of their legal rights, including the ability to attend proceedings, submit a victim statement, and more.

The right to compensation

Crime victims may be eligible for financial compensation for certain damage and injuries caused by the crime. This is a government program, so you typically must complete an application in the state you live or where the crime occurred to see if you qualify.

Most compensation programs will assist the direct victim of a violent crime or their surviving family. The expenses covered vary by state but often include medical expenses, funeral expenses, or lost wages. They do not pay for anything covered by insurance, and there are typically limits on the amount paid.

The right to attend proceedings

Many victims want to be present during the different criminal proceedings to see the process at work and ensure their interests are being met.

Generally, victims have the right to attend the trial, sentencing, and parole hearing. Depending on the state, there may be other proceedings you can also go to. For instance, some states allow victims to attend all proceedings where the defendant has a right to be present.

That said, there can be circumstances where a victim may have restrictions on this right. For example, they may be excluded or sequestered during the trial if they are also a witness.

The right to be heard

As a victim, you have the right to be heard. For instance, many states allow victims to make a statement at bail, parole hearings, or provide input during the discussion of a plea bargain.

All states allow you to provide a victim impact statement at sentencing. And you may be able to provide a written or spoken statement during the criminal process. This right lets you provide information regarding the personal impact of the crime and the harm you suffered.

The right to a speedy trial

Many jurisdictions try to provide a trial that is free from unreasonable delay. For instance, there may be a limitation on continuances or court-ordered delays of proceedings. Additionally, the court considers the delay’s impact on the victim when considering a continuance.

The right to privacy

Victims have the right for their personal information and contact information to be private, including name, address, place of work, and phone number.

Privacy can be a big concern, especially if people fear for their safety or are at risk for possible harassment or retaliation.

Additionally, some special victim populations may have confidentiality rights, such as minors, older adults, victims of domestic violence, or victims of sexual assault. For instance, many states have confidentiality programs that allow victims of sexual offenses, domestic violence, and stalking to use an alternative address in place of their real one to protect their privacy.

The right to restitution from the offender

Restitution typically refers to fixing the harm caused by the defendant, such as a payment for damages. Additionally, it can involve the return or repair of property damaged or stolen during the crime.

The judge or court can order the convicted offender to make restitution as part of the sentence. Additionally, some states require the court to specify its reasons if it does not order restitution.

Restitution may cover losses or expenses directly related to the crime, like medical, prescriptions, counseling, damaged property, and more.

The right to be treated with fairness

All victims have the right to be treated with respect and fairness. This right goes along with the right to be protected from harassment, intimidation, and abuse, including from the defendant and people acting on the defendant’s behalf.

The right to confer with the attorney for the government in the case

The Crime Victims’ Rights Act provides victims with the “reasonable right to confer” with the government attorney involved in the case. This right is designed to help allow the victim more involvement in the process.

You may be called as a witness in a court case if you see someone commit a crime or have valuable information relevant to the case.

Witness testimony plays an essential role within our legal system. Your information can assist the court or jury in understanding a case and in making their decision.

As a witness, you may receive a subpoena or summons to witness. This legal document will explain why you’re being called as a witness, who is requesting it, and whether you need to bring anything with you.

Here are your primary rights as a witness.

The right to avoid self-incrimination

If the information you’d provide would potentially incriminate you, you may assert your Fifth Amendment right to not testify against yourself and decline to answer a question. Sometimes this is called “pleading the fifth.”

However, the answers must pose a significant and real risk for this right to apply. Additionally, you will be required to answer questions that do not relate to any possible self-incrimination.

The right to not be harassed

In general, witnesses should not be threatened, belittled, or repeatedly presented with the same question during a direct or cross-examination.

Additionally, rape shield law guidelines can be in effect in situations of sexual assault. For instance, attorneys may not inquire into a witness’s sexual history other than with the accused, sexual inclinations, or the number of partners.

The right to consult a lawyer

As a witness, you may consult a lawyer in a criminal proceeding due to the Sixth Amendment.

Depending on your situation, an attorney can help you navigate the situation, ensuring your interests are protected, providing the right level of information, and helping you prepare. Consulting with a lawyer can also help if you’re concerned your testimony may incriminate you.

That said, you may or may not be able to have a lawyer present during your testimony. For instance, you don’t have the right to have a lawyer present if testifying before a federal grand jury.
Additional potential witness rights in special circumstances
If you’re a witness who experienced a psychological, financial, or physical injury as a result of the crime, you may have additional rights and protections, such as:

• Separate waiting room in the courtroom if possible
• Protection by the witness protection initiatives
• Financial support from the Crime Victims Compensation