Criminal Defense Attorney Info

Hopefully you will never be arrested, but in the event that you are for say drunk driving or excessive speeding then here are some truths and myths that will help you along the process.

-If you are being arrested DO NOT RUN, you will look like one of those people that you see on the television show COPS. This also applies to DO NOT get in the cops face in any kind of way or walk around or make sudden quick movements.( try and remember that the cops are trained to protect themselves and the lives of others and when you do things that look  suspicious they are going to act accordingly. Remember the old saying if it looks like a duck, swims like a duck, walks like a duck, and talks like a duck then it is probably a duck, just in this case the duck is either a criminal or a normal person who made an honest mistake and has learned their lesson if you know what I mean). So what I am trying to say if you have not gotten the hint by now is Sit there and Do not move.

-DO NOT say any more than your name, where you live, phone numbers for you, a family member and your place of employment if you have one, (these are required for bail). If you feel the need to state what happened to the officer, state only neutral facts that do not incriminate you such as: if you have weed in the car and it is found in a search and the police officer asks where it came from things such as what’s that or where did that come from, along with a long drawn out explanation  do nothing for you except make you look like guilty and  like you are trying to hide it by lying and telling the officer that you think they are dumb. Instead a simple I do not know will work or even better nothing at all is the best. This also goes for if you have been drinking:

-You DO NOT have to let the police search your house or car. They can only search your car or house if they have a warrant or your consent. So what this means is that if you are pulled over and you have let’s say weed again in your car the police either have to see the weed in plain sight or have to have probable cause  have your consent.

Do I need A Criminal Defense Attorney? That is the question that almost everyone asks after they have been arrested, or it at least crosses their minds as they are being hand cuffed, read their rights, or put into the back of the cop car.

 

Most often the person that will need a criminal defense attorney is the one that has been charged with a felony crime. “A felony is a serious crime in the United States and previously other common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person’s land and goods; other crimes were called misdemeanors.”[1]  Misdemeanors on the other hand usually do not require a lawyer because all that is usually issued in court is a fine, community service and in some cases probation or drug court. However there will be times when a person needs a criminal defense attorney if they have gotten repetitive misdemeanors especially if they are in the fields of narcotics, moving violations, minors in the possession of alcohol, illegal drugs or guns any other repeat offenses.

If you are in any of the situations below, it would be advised to seek the legal help of a criminal defense attorney.

1. You have been clocked going twenty five miles per hour over the speed limit.-Most state and local laws have strict policies on speeding twenty five miles per hour and up over the speed limit. These laws make it possible for the courts to take your license have your car towed and you may be put in jail.

 

2. You have been caught with any kind of narcotics. It is a good idea to receive legal counsel if you have been arrested for the possession and especially distribution and manufacturing of narcotics. * (note on weed/pot/marijuana or it is becoming less and less of a crime to posses small amounts of the drug. For the most part a person can have in their possession under an ounce of marijuana. By no means is this saying carry around under an ounce of weed is completely legal or remotely recommended. In some places it is still completely legal and they will seek full punishment possible for possession of the schedule one narcotic.)

 

3. You have been pulled over and have been arrested for a DUI. If this is the case, then immediate action is required by the accused. It is recommended to get the counsel of a DUI criminal defense attorney.

 

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[1] http://en.wikipedia.org/wiki/Felony