Most people believe that if when they are arrested and not "read their rights," they will not be punished. This is not completely true in Ohio. But if the police don't read you your Miranda rights, the prosecutor can't use what you say as evidence against you at trial. The purpose of the Miranda warning [...]
The Fifth Amendment to the U.S. Constitution protects all Americans from being forced to say anything which could help the government convict. You have a right not to answer law enforcement when asked questions such as these: Have you been drinking tonight? Where are you coming from? Where are you going? Do you know how fast [...]
In order for incriminating evidence to be admissible at trial, the police must provide a suspect with the Miranda warnings prior to obtaining any evidence. In 1966, the Supreme Court found that police officers need to do this in order to safeguard a person’s right not to self incriminate. The Right to Remain Silent – You [...]
Attorney Scott A. Rubenstein If you are arrested for a DUI in Ohio, you will have to appear before a judge for arraignment where you will be formally charged with a crime. You either need to respond to the charge by pleading guilty or not guilty. Most importantly, you have the right to [...]
DUI checkpoint encounters can create anxiety for anyone. U.S. Supreme Court has ruled that they are constitutional, so they’re a fact of life for drivers. It's best to know where they are. Here in Cincinnati, to make sure law enforcement doe not use checkpoints simply to apprehend offenders, federal DUI guidelines require law enforcement to announce the [...]
You are taken into custody when you are arrested. You are not free to leave. There are times, however, you aren't arrested, but you are detained or held for questioning for a short time if law enforcement has reason to believe you might be involved in a crime. Either way, you have rights and you [...]
If you have been arrested and charged with a criminal offense it is important for you to know your rights. As a citizen of the United States, you have rights to how you can be treated by police and all throughout your court process. In Ohio, you need a criminal defense attorney to understand your [...]
If you are driving after even ONE drink, you must remember your rights in Ohio. First, you have the right to remain silent. You have the right to refuse any breathalyzer testing. Most importantly, you have the right to call your Ohio Criminal Defense Attorney, right there, on the spot. I preach this weekly. It’s amazing how [...]
The right against self-incrimination is in the Bill of Rights, it’s the Fifth Amendment. It is referred to as the right to remain silent. It is a constitutional guarantee that “no person shall be compelled in any criminal case to be a witness against himself”. This right should be used in all testimony that may [...]
Thursday is the 4th of July and many of you will, no doubt, turn it into a long weekend of fun, family, friends and parties, both private and public. The Ohio State Highway Patrol will be out in full force, even conducting a DUI Checkpoint somewhere in Hamilton County on Friday night (TBA). You should [...]