Receive 25% off your case* ⋅ Call Today ⋅ 1 (844) 800-5516 ⋅ Free Consultation
Receive 25% off your case* ⋅ Call Today ⋅ 1 (844) 800-5516 ⋅ Free Consultation
Receive 25% off your case* ⋅ Call Today ⋅ 1 (844) 800-5516 ⋅ Free Consultation
Receive 25% off your case* ⋅ Call Today ⋅ 1 (844) 800-5516 ⋅ Free Consultation
Receive 25% off your case* ⋅ Call Today ⋅ 1 (844) 800-5516 ⋅ Free Consultation

Know your rights!

What are my rights when I am being questioned by an officer & I am not under arrest?

Being question by police officers prior to arrest is arguably one of the most crucial points the entire criminal process. Anytime a person being investigated for a crime gives any statement it can be hazardous. If you are being investigated for a crime you must remember the POLICE ARE NOT YOUR FRIENDS. Police officers are just gathering statements from you so they can use those very statements AGAINST YOU.

You have a right to remain silent and right against self-incrimination. This means you do not have no answer any of the officers questions and can elect to remain silent. We would recommended always exercise this right until you seek guidance from an attorney. If you are not in custody then you are always free to walk away from the officers. Ask the officers if you are “in custody”, if they say you are then they must tell you what you are being arrested for and also must read you your Miranda Rights. Being in custody does necessarily mean you are placed in handcuffs. To be placed in custody means when you are under control of the officer, if you feel that you cannot walk away from an officer then you are technically in custody.

You also have rights against unreasonable search and seizures. A police officer cannot simply search your person, your car, your belongings or your home without meeting the appropriate legal standards. When it comes to “Search and Seizures” the rules and standards vary depending on the place being searched and the reason for the search. An officer will always ask a potential defendant if they can search their person, car or belongings and more often than not, the suspect grants the permission to search. YOU SHOULD NEVER ALLOW ANY GOVERNMENT AGENT TO CONDUCT A SEARCH. There is no benefit don’t every allow officers to search when they ask, remember you do not earn brownie points by cooperating, you only hurt yourself.

Can the police lie to me when questioning me?

Absolutely, Positively YES. The police are allowed to tell you an outright lie in their attempt to get you to incriminate yourself. One of the most common lies is to say they have witnesses or other evidence like a video tape, when they do not; they can even offer you a false deal. There are many reasons why you should always be suspicious of law enforcement and their tactics and their immunity is one. It is always better to just remain silent and ask for an attorney.

What are my rights when I am being questioned by an officer & I am under arrest?

An officer can attempt to question or interrogate an arrestee. For the most part, as a defendant you have the same rights in regards to answering questions as you do when you are not under arrest (read above). If you are in custody the officer must read you your Miranda Rights prior the questioning you, during this time you are also entitled to have an attorney present. The most important thing to come away with if you are under arrest and being questioned you still have the right to remain silent.

My friend just got arrested, when can I bail him out?

If someone you know is in custody and desires to be bailed out contact the police station or jail he is being held in and ask the deputy if bail has been set for the arrestee’s name. When a suspect gets arrested they must be frisked, taken down to the holding facility, booked, processed and then the officer/deputy can issue bail. This entire process can take some time, you just have to be patient. If the person in custody is under the influence of alcohol or drugs or is a harm to himself or the community bail will not be set until her is sober and safe. Once bail is set you can contact a bail company or arrange private payment.

If you are having trouble locating a person check our “inmate locator” section of this website.

I was arrested and released from Jail, now what?

If you have been arrested and released from police custody you are typically handed a slip or citation “cite out” to appear to court on a certain date and time. If you were not given any information on your court date contact the agency that arrested and find out if they filed a report or if they have any additional information. If the police did not give you a citation and you have no court date this does not mean you are in the clear, the police can always continue to investigate the matter. The best thing to do is call an attorney and have him handle this sensitive situation.

I showed up to court on my court date and my case was not on the calendar?

If you were given a court date and you appeared but the court did not have a case for you it is important to ask the clerk to stamp your citation that you appeared. Many times the police officers are late in their filings and often times the district attorney can decide to not file any charges, take some time make a decision on another date or request for the officer to continue to investigate the case. If you case is not filed with the court on the date of the citation it does not mean there is no case, it can be filed at a later time.

Do I have to go to court myself if I have an attorney?

If you are charged with a misdemeanor an attorney can make an appearance on your behalf without your presence, unless there are special circumstances. If you are charged with a felony case then you must appear to court with your attorney.
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