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Do you know your constitutional rights? Would you be afraid to claim them if you were arrested? If you are pulled over for a DUI/OVI, do you know what you should do?  Often, people come to me and either don’t know them or were too intimidated by law enforcement to use them.

Anyone that is accused of a criminal offense has constitutional rights and it is critical for everyone to understand them. As a criminal defense attorney, I have seen people not exercise their rights and law enforcement and prosecution have utilized evidence that might otherwise have been suppressed against clients.

You must be read your Miranda Rights before any arrest.  You have the right to be told why you are being arrested and the nature of the charges against you.

You have the right to remain silent. This is the right against self incrimination. If you are arrested, simply state that you are asserting your right to remain silent. Don’t think you can talk your way out of the arrest. Law enforcement can and will use anything you say to convict you. If you say nothing, there is nothing they can use.

You have the right against unlawful search and seizure unless law enforcement has an exception to the warrant requirement. Do not let a search happen. Police must get a warrant, which means they must outline probably cause in an affidavit presented to a judge. They can’t search your vehicle, your bag or your cell phone. Tell them no, and to get a warrant, and call your criminal defense attorney.  Furthermore, if police have a warrant, you have the right to see it within a reasonable time after an arrest. Read it, and make sure your name appears on it and to see the charge against you.

Everyone has a right to an attorney. Call one either at the stop or soon thereafter. Once you let law enforcement know you want your criminal defense attorney, they must stop questioning you.

The Bottom Line: I haven’t met anyone that can talk their way out of a charge, so don’t even try it. Law enforcement uses everything you say as evidence in a case against you. Whether or not the police regarded your rights at a stop will help to determine a defense in your case. If any of your constitutional rights were violated, evidence against you can be thrown out, even a dismissal of your case. Contact me as the arrest or soon after. I will help you. 513-260-2099