FAQ — The Berg Law Firm

Question 1

Do I really need a criminal defense attorney?

Accepted Answer

Yes. Even for charges that seem minor, the consequences of a conviction — fines, jail time, a permanent criminal record — can follow you for years. An experienced attorney understands the law, knows how prosecutors build cases, and can identify defenses or negotiate outcomes that you simply cannot access on your own.

Question 2

When should I contact a lawyer after being charged?

Accepted Answer

As soon as possible — ideally before you speak to police or investigators. Anything you say can be used against you. The earlier you have legal counsel, the better positioned you are to protect your rights from the very start of the process.

Question 3

What happens during an initial consultation?

Accepted Answer

We'll listen to your account of events, review any documents or charges you have, and give you an honest assessment of your situation. There's no obligation, and while an intitial consultation does not establish an attorney-client relationship, everything you share is completely confidential.

Question 4

How much does a criminal defense attorney cost?

Accepted Answer

Fees vary depending on the complexity of the case, the charges involved, and how far the case proceeds. We discuss fees transparently during your consultation so there are no surprises. We believe everyone deserves quality representation and will work with you on a fee arrangement that fits your circumstances.

Question 5

What is the difference between a felony and a misdemeanor?

Accepted Answer

Misdemeanors are less serious offenses typically punishable by fines and up to six months in a parish jail. Felonies are more serious crimes that carry potential sentences of more than one year in state prison, along with long-term consequences like loss of voting rights, firearm restrictions, and difficulty finding employment.

Question 6

What should I do if I am arrested?

Accepted Answer

Stay calm, do not resist, and do not answer questions beyond providing your name. Politely but clearly invoke your right to remain silent and your right to an attorney. Then contact us as soon as you are able. Do not discuss your case with anyone — including family or cellmates — until you have spoken with a lawyer.

Question 7

What is the difference between being charged and being convicted?

Accepted Answer

Being charged means the government has formally accused you of a crime — it is not a finding of guilt. A conviction only occurs after a guilty plea or after a judge or jury finds you guilty beyond a reasonable doubt at trial. You are presumed innocent until proven guilty.

Question 8

Can charges be dropped or reduced?

Accepted Answer

Yes. Charges can be dropped if the evidence is insufficient, if your rights were violated during the investigation, or through successful negotiation with the prosecution. Charges can also be reduced to lesser offenses through plea agreements. Our goal is always to achieve the best possible outcome for your specific situation.

Question 9

What are the penalties for a DUI in Louisiana?

Accepted Answer

A first-offense DUI in Louisiana can result in fines up to $1,000, up to six months in jail, a one year license suspension, and mandatory participation in a substance abuse program. Penalties increase significantly for repeat offenses, high BAC levels, or if a minor was in the vehicle. An attorney can challenge the stop, the field sobriety tests, and the chemical test results.

Question 10

Should I refuse a breathalyzer test?

Accepted Answer

Louisiana has implied consent laws, meaning refusing a breathalyzer results in an automatic license suspension — often longer than the suspension for a DUI conviction itself. Whether to take the test is a complex decision with real consequences either way. If you are facing this situation, contact us immediately so we can advise you based on the specific facts.

Question 11

Can a criminal record be expunged in Louisiana?

Accepted Answer

Louisiana law allows expungement of certain arrests and convictions under specific conditions, including waiting periods and eligibility requirements based on the offense type. Expungement removes the record from public view, which can significantly improve employment and housing prospects. We can evaluate whether you qualify and guide you through the process.

Question 12

What happens if I violate probation?

Accepted Answer

A probation violation can result in a hearing before a judge, who may impose additional conditions, extend your probation, or revoke it entirely and order you to serve the original jail or prison sentence. If you have been accused of a probation violation, contact us immediately — you have the right to a hearing and to present a defense.

Answers to Common Questions

Working With an Attorney

The Criminal Process

DUI & Traffic Offenses

After a Case

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