Experienced Criminal Defense Attorney
What you don't know about your legal rights within the criminal justice system can hurt you. For instance, if you are stopped by the police for having a broken tail light and the officer asks if you have been drinking, and you say yes, the officer then has the right to begin further investigation into a potential DUI charge. It becomes harder to defend a DUI or any other criminal charge once you admit to anything.
Here are answers to some frequently asked questions that will help you to be better informed about your rights within various aspects of criminal law.
What Kind of Penalty Am I Facing?
Penalties are different for every offense. Only by sitting down with you and assessing the specific facts of your situation can a criminal defense trial lawyer properly advise you about your options.
Should I Take the Breathalyzer Test?
Although there is no one right answer that fits every situation, here are some important things to consider:
- Refusing the test can result in your driver's license being automatically suspended for one year.
- Depending on how much time has passed since your last drink, the results of breathalyzer evidence may not be damaging.
- A positive breathalyzer test may mean an automatic DUI conviction. Some individuals can appear quite functional even with a blood alcohol level above the legal limit. Refusing this test may preserve options for defense in the absence of this evidence.
- Occasionally, the breathalyzer test may not be administered properly or the machine itself fails to function properly, allowing for any breath test evidence to be thrown out.
Should I Talk to the Police?
When people talk to the police, they frequently say too much. Without meaning to, they answer questions in an incriminating manner. This is especially the case where a matter is under investigation and the individual has not been taken into custody.
If you suspect you are the target of an investigation, make sure to have a lawyer present with you at any meeting with the police. If the police say that they are interviewing you as a witness, not as a suspect, you should still call a lawyer. Anything you say can be used against you later on.
When Should I Call a Lawyer and How Can an Attorney Help Me?
The sooner an attorney begins developing your defense the better off you are. If a prosecutor's case appears to be weak, your defense attorney can aggressively pursue a dismissal before your case moves forward. If you wait to involve your lawyer, it will be harder to exploit all of your defense options.
Under What Circumstances Does a Miranda Warning Have to Be Given?
The Miranda warning is a legally required recitation of your rights by any police officer who takes you into custody and interrogates you. It must be given at the time you are taken into custody and before further questioning. For example, in any traffic stop there may come a point in the investigation where you do not have to talk to the police. The officer may react negatively to this and take you into custody under a pretense. However, you won't have said anything that may expose you to conviction and the possible loss of your freedom.
How Do I Know When I Am in Custody?
Ask the officer if you are free to go. Many people assume that they are not legally entitled to leave a situation in which they are being questioned by a police officer, when in fact legally they are free to go.
What Is Probable Cause?
Probable cause means that the police have a legitimate reason to believe that you have committed a crime.
Call an experienced criminal defense attorney at 877-415-9021.
