Criminal Defense Frequently Asked Questions

Questions arise quickly after an arrest. The criminal justice system is difficult to understand on your own. Attorney Thomas A. Foley has nearly 30 years of experience representing clients in Wilmington and the surrounding areas in Delaware. He understands the law and uses his prior experience as a prosecutor to build a strong defense.

Every defense should be tailored to your specific case. However, it is beneficial to learn more about the criminal defense process and why it is important to have a defense lawyer representing you.

Call 302-658-3077 to schedule a free consultation with an experienced Wilmington criminal defense attorney.

Here are some of the most common questions and answers about criminal defense cases:

Should I talk to the police?

You have the right to remain silent and have an attorney present when questioned by the authorities. Your silence cannot be used against you as indication of guilt. Even when you believe talking to the police will help you, it is almost always in your best interests to not make any statements to the police without a lawyer present.

Can the police search my property?

In most cases, the police are required to have a search warrant to search your house or your property. There are exceptions to this rule to include one giving consent. Mr. Foley is well-versed in Fourth Amendment search and seizure law and will answer any questions that may arise.

What is arraignment?

The first arraignment is when the accused appears before the magistrate for their initial appearance, when the accused is notified of the charges against them and the possible penalties, and when bail is set. The next arraignment date is when your attorney will appear in the court of jurisdiction handling the case, where your attorney will enter a not guilty plea on your behalf.

Should I take a plea bargain?

The answer to this question depends on the specific facts and circumstances of your case. In some cases, it may be in your best interests to take a plea bargain while in other cases, it can be in your best interests to fight the charges. As your attorney, Thomas A. Foley will help you understand all of your options so you can make an informed and meaningful decision.

When should I talk to a lawyer?

After you are arrested, you should seek counsel. If you are under investigation, you should also talk to a lawyer to protect your rights and make sure you are not saying anything that could result in any future allegations.

Get Your Questions Answered. Contact The Firm

These are just general questions. It is important to discuss your specific concerns and questions with an attorney before it's too late. If you are under investigation or have been arrested, call 302-658-3077 to arrange a free initial consultation. You can also contact the firm online.