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Faqs

Here are some frequently asked questions
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Some Questions That Customers Often Ask When Working With Us

What types of criminal cases do you handle?

Trae Sims handles all types of criminal cases in both state and federal courts.

When should I hire a criminal defense lawyer?

It is best to hire a lawyer as soon as you know you are being or have been charged with a crime. This allows Mr. Sims to get to work as soon as possible to defend your rights.  Also, even if you have not yet been charged, but believe that you are under criminal investigation, it makes sense to consult with us to understand what is happening and what you can do now to protect your rights.

How do I choose the best criminal defense lawyer?

At a minimum, you want a criminal defense lawyer who knows criminal law and how to defend your rights. But, the best criminal defense lawyer should offer much more than that-they should be able to show you consistently great results they’ve gotten for clients in cases like yours; that they are well-known and respected by the prosecutors and judges who will be deciding your case; and, that they have long experience taking criminal cases to trial. Trae Sims is pleased that all of the above describe his criminal defense practice.

Can I continue to drive (legally) after receiving a DUI charge?

In many cases, yes.  There are provisions in the Mississippi DUI law that allow a driver to maintain the ability to drive while their DUI case is pending and even after conviction.  Because Trae Sims served on a statewide task force that helped create the current DUI statute, he knows how to best protect your driving rights after a DUI charge.

Should I represent myself if I just want to plead guilty?

A skilled criminal defense lawyer, like Trae Sims, knows the plea process, options and possible outcomes, which can often be complex and confusing to a layperson.  Because you are the one who might suffer a harsher penalty than necessary by representing yourself, it pays to hire the right criminal defense lawyer to negotiate your plea agreement and sentencing recommendation with the prosecutor.  The right lawyer knows whether the plea offer and sentence recommendation is fair or not based on the facts of your case and situation.  We will also be there with you to accompany you through every step of the legal process until your case is concluded.

What happens if I'm arrested?

Typically, you will be told that you are under arrest and placed in handcuffs or otherwise detained.  You will be taken to the arresting agency’s booking/jail facility and fingerprinted and photographed.  You will also be required to provide your personal identifying and contact info and your criminal history will be obtained (from state and national law enforcement databases).  You should be given an opportunity to make a phone call at the end of the booking process.  Depending on the nature of the charge, you may then be given a bond which may be posted to get you released pending a court date for which you should be given notice; or, usually in felony cases, you may be held in jail (up to 48 hours) to see a judge who will set your bond.

How many criminal cases have you actually tried in court?

Hundreds.  With 14 years of criminal practice experience as both a prosecutor and defense lawyer (with a total of 23 years of courtroom experience), Trae Sims knows how to try cases and doesn’t hesitate to do so when appropriate and when the client so chooses.  Coincidentally, the all of the prosecutors also know which lawyers will try cases and which ones know how to try them effectively.  And, guess which lawyers typically get better treatment for their clients?  The ones who are known for their trial experience.

Can you promise a certain result in my case?

Absolutely not. And, if a lawyer promises you a specific result in your case, you should keep looking because they are not being honest with you. Lawyer ethics rules also prohibit promising specific case outcomes. An experienced criminal defense lawyer may be able to give you a reasonable idea of a few likely outcomes. Because your case will ultimately be decided by either a judge or jury, whose decision can’t be predicted with absolute certainty, there are too many variables to make such an outright promise.

When I was arrested the officer did not read me my Miranda rights. Don’t they have to do that?

Not necessarily.  Contrary to what is seen in television and movies, this is not an absolute requirement with every arrest.  To make a complex issue simple, Miranda rights are a must only after you are under arrest and law enforcement wants you to answer their questions about the facts of the case or charges.  One of the rights recited in the Miranda warnings (in addition to your right to remain silent) is your right to legal counsel before or during any conversations with law enforcement after your arrest.  We strongly encourage you to contact us BEFORE conversing with law enforcement.

Do you offer installment payment plans for your attorney’s fee?

Our policy requires payment of the full fee at the time you engage our services and before any work begins.  This allows us to completely focus our efforts and time on defending your rights rather than fee collections.  Because fee amounts can vary greatly from case to case, we are only able to accurately provide our fee amount after a complete initial consultation with you, so that we know your needs in your specific case and the services and work that will be required on your case in order to provide you with the most effective criminal defense possible.

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