Frequently Asked Questions

In many circumstances, the police will need either your consent or a search warrant to enter your house or vehicle. If an officer asks to search your house, that action is taken to avoid obtaining a warrant. By providing your consent, it is difficult to hold the officer accountable for a violation of procedure.

When a warrant is presented, you are required to allow the law enforcement officer to conduct a search. Sufficiency of that warrant can be tested at a later time. In some situations, the officer may be allowed to search your vehicle without a warrant or your consent.

When an arrest is made or an individual is suspected of a crime, they are read what is known as “Miranda rights.” Miranda rights are told to an individual as a warning and assurance that they are aware of their constitutional rights upon arrest and / or questioning. Law enforcement is required to administer these warnings as protection of the individual in custody who is subject to interrogation.

Individuals in custody are protected by the Fifth Amendment to the United States Constitution with the right to remain silent and avoid self-incrimination. Individuals can be interrogated but they must know in advance that what they say can be used against them in a court of law. It is required by law that you are read your rights once you are in police custody.

Sometimes, arresting officers do not read Miranda rights to detained individuals. While not being read your rights does not necessarily change the outcome of your case, it can be used as an aggressive defense tactic to challenge admissibility of evidence should your case go to court.

In many jurisdictions, you have the right to appeal a finding that results in a conviction of a criminal charge. In an appeal, you essentially ask the appellate court to review the decision made by the lower court during the initial trial. There is a specific criminal appeal process that must be followed, and you are not able to present any additional evidence. If the higher court grants your appeal, they can either grant you a new trial or make a finding that your case should be dismissed.

When charged with an offense, your crime will either be classified as a misdemeanor or a felony. Misdemeanors are lesser crimes and are normally charged for certain cases such as driving while intoxicated or petty theft. Penalties for a misdemeanor are typically lighter than for a felony. A felony is a charge issued for more serious crimes, such as rape, burglary, or murder. Violent crimes or those involving weapons are usually felonies. If convicted of a felony, your sentence will be more severe.

There is always a possibility of your case going to trial; however, working with an attorney is the best way to protect yourself from seeing a courtroom. At The Gagliardi Law Firm, PLLC, we can try to get your case dismissed before trial through effective litigation, negotiation and mediation efforts. If your case does go to trial, we can aggressively defend your rights in a court of law.

When you are stopped for driving while intoxicated (DWI), you may be asked to submit to a breath test. These tests are given by law enforcement to help determine the alcohol blood content (BAC) in a person’s system.

The legal BAC limit is 0.08%, and taking a breath test can determine if you are over the limit. Determining whether or not to take a breath test can be difficult. If you take one and blow over 0.08%, then you will be charged with a DWI.

If you do not take one, you may lose your license under Texas’ implied consent law. It is best to not drink and drive, but if you are required to take a breath test, you need to contact an attorney immediately.

In the event that you are arrested for a sex crime, all necessary actions will be taken on behalf of the prosecutor to convict you of your offense. If convicted, you will have to comply with an order to submit your information to the sex offender registry.

The Sex Offender Registry is an online database that makes personal information public, including your address, name, age and distinguishing features as well as details about your conviction. You will be forced to register each year and failure to do so can result in criminal complications.

Each case is different, and by working with an attorney from our firm, we can help determine what the cost of your case may be. We can discuss with you various court costs, legal fees and other financial obligations that you may have to pay to ensure that you receive excellent representation.

Only an experienced defense attorney will have a complete grasp of the complex set of rules for defending a case that must be followed. Anyone who represents him or herself must comply with these laws and guidelines. If you\’re unfamiliar in any way with criminal court procedure, you\’ll need an attorney.

Even skilled lawyers recognize the need for counsel when they are accused of misconduct or a crime because they are emotionally invested in the case and can benefit from an independent representative. The prosecution attempts to prepare a strong case against you from the moment of your arrest.

In order to adequately be ready for trial, Attorney Joseph Gagliardi will put in the necessary effort to build a strong defense on your behalf. Depending on the circumstances, we can challenge your arrest, negotiate a plea bargain, analyze the weaknesses and strengths of your case, and argue in favor of being released on a reduced bail.