Five Things to Consider When Looking For
a Criminal Attorney:
- Do they specialize in Criminal Law?
- Have they handled this type of criminal
case?
- Do they have the staff and the resources
to properly handle your case?
- Are they well established and respected
throughout the legal community?
- Are they honest in assessing your case
and quoting your fee?
If You Are Pulled Over By The Police:
Do not make any rapid movements. The Officer
may suspect that you are hiding something
or going for a weapon. Do not exit the vehicle
upon being stopped unless requested to do
so by the officer. The police officer will
be nervous and curious why you want to keep
him from seeing the inside of your vehicle.
Always keep you hands visible. Always ask
for permission to go into the center counsel
or glove box.
Remember that although you are uncomfortable
when pulled over, it is twice as uncomfortable
for the Officer because the officer is afraid
that you may be armed. Therefore anyway that
you can ease the fear for the officer's own
safety the better off you will be.
The police will ask
for your permission to search your vehicle.
The best advice is to say, "No, thank you".
If they have to ask your permission, you
may assume they have no right to search
your car. If they had the right, they would
not bother asking. Only consent to a search
of your car if you are absolutely positive
that no contraband will be found and you
are sure that none of your friends have
left anything in your vehicle.
If You Are Arrested:
You should try to remain calm and ask repeatedly
to speak to an attorney. Many police officers
will try very hard to convince you that you
do not need an attorney or that you will
be better off talking to them without an
attorney. Make no mistake -- a police officer's
goal is to get you to make a statement that
will incriminate you, or worse, get you to
confess to a crime. If they say that they
want to help you out, then they should not
mind that you want to talk to an attorney
first.
If You Are Questioned:
If the police question you, it is very important
that you ask to speak to an attorney before
the questioning begins. Common sense tells
us that if they want to question you, they
probably suspect that you were involved in
some criminal activity. Above all, do not
write out a statement until you have spoken
with an attorney.
A common tactic the police are using to
get around the need for Miranda Rights being
read is to tell you that you are free to
leave at any time. Courts have held that
the freedom to leave at anytime removes the
custodial aspect of the interrogation, which
then does not trigger the protections of
Miranda.
Another common tactic
the police use to get around the assertion
of the right to have an attorney present
is to require the person being questioned
to make an unequivocal assertion of the
right to have an attorney. For instance,
the statement, "I want to talk
to an attorney" can be viewed by the officer
as a desire to speak with an attorney. However
if you state, "I refuse to speak with you
unless an attorney is present," then there
is no question of whether the right has been
asserted.