If you are arrested, you have the right to contact an attorney. The police will attempt to ask you questions and they may require you to make a formal statement, but you are not legally required to do so. You can request the presence of an attorney and if you are denied your right to an attorney, the law enforcement officers are in violation of your rights.
How do I know if I’m being arrested?
Sometimes police will bring a suspect in for questioning, but not necessarily arrest them. Any time the police make you feel as though you do not have the right to leave their custody, then you are legally under arrest.
If the police have a warrant, can they search my property?
To search through someone’s personal property, the police must have reasonable cause—and they use that reasonable cause or evidence to request a warrant. So, if they do have a search warrant, you must oblige with their request.
If, however, they do not have a search warrant, and they request your permission, you do not have to give them permission to search your home, car or even your office.
Am I required to take a field sobriety test if I am pulled over and suspected of a DUI?
There is a difference between a field test and an actual BAC or breathalyzer test. Because field tests are extremely inaccurate at determining whether or not a person is legally drunk, you could request a BAC instead. If you fail a field test, but do not fail the BAC, then they may not have probable cause to arrest you for a DUI.
Is it true that anything I say can be used against me in a court of law?
Yes, anything you say in the presence of law enforcement can be later used against you in court. That is why you should answer questions as short as possible and contact a criminal defense attorney to assist you with your case.
Do I really need a criminal defense attorney?
Whether you are being questioned, arrested or arraigned, you should always hire a criminal defense attorney any time you become the subject of an investigation. An attorney can protect your rights and even prevent a case from ever going to arraignment just be negotiating or getting evidence thrown out. Without an attorney, you could face harsher penalties or be charged with a crime you are not even guilty of committing.
