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Overview | Criminal Charges | Knowing Your Rights | DUI | Legal Fees
Knowing Your Rights
 Criminal Charges
- If you are questioned
or detained by an officer who suspects you have committed a crime, you
have the right to refuse to answer his or her questions. Although
many believe, and the officer may imply, that not ‘cooperating’
makes you seem guilty, you have a constitutionally protected right against
self-incrimination.
- In most instances,
you have the right to refuse consent to search your house, car, purse,
baggage, or person. If you do not consent to such a search, the
officer must articulate a reasonable belief that the search will result
in evidence of a crime and first obtain a search warrant.
- You have the
right to speak to an attorney. This right remains in effect from
the time you are detained by the officer, and continues through motion
hearings, trial, conviction, and appeal.
- You have the
right to be fully informed by the court of the charges against you.
The court is also required to advise you of the maximum penalty a conviction
carries, and whether the law imposes a mandatory minimum sentence if
you are found guilty.
DUI
- If you are stopped
for suspicion of driving under the influence, you are not required
to perform any field sobriety tests or take a portable, roadside breathalyzer
test.
- You are not required
by law to answer the officer’s questions, beyond identifying yourself.
- Generally, the
officer is not allowed to search your vehicle. You may refuse
consent to search unless:
- You are placed under
arrest by the officer shortly after exiting your vehicle.
- The police have
a reasonable suspicion that you are armed.
- Police may search
any immediate, visible areas around one once an arrest occurs, but this does not include a closed glove box or trunk.
- Your car is impounded.
- You have the
right to consult an attorney at any time before taking a blood or breath
analysis test. The police are required to inform you of this right
and allow you access to an attorney.
- If, after taking
a blood or breath analysis test, you disagree with the results, you
have the right to have another test performed by a qualified individual
of your choice.
Personal Injury
- If you are injured
because of another person’s negligence or wrongful conduct, you have
the right to be made whole and restored to the same position as before
your injury.
- If you are injured
in an automobile accident, you have the right to fair compensation from
insurance companies, without pressure to settle quickly for a low-dollar
amount.
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