Hopefully you won’t find yourself in this situation. Being investigated by law enforcement or arrested for a criminal act is not laughing matter. But if you do, here are some tips on what to do and what not to do.
Know Your Rights
You have the right to remain silent. Yes, please do! As the arresting officer should have said, “Anything you say can and will be used against you in a court of law.” This is true. Law enforcement will use anything you say to get a confession and conviction. There are few situations in which it would be beneficial to make any sort of statement. If you are innocent and choose to make a statement, that brings us to my next point.
Always have a competent lawyer present when being questioned by the police. If you do not have a lawyer present, be polite but firm. Tell law enforcement that you want your lawyer present before any questioning. The law requires them to stop any questioning immediately.
Do not consent to any kind of search of your person or property unless a search warrant is provided. Law enforcement cannot conduct a search of you, your vehicle or your home unless there is probable cause or a search warrant. If you give the officers permission to search anything, then the issue of probable cause is waived and cannot be brought up in court. Simply refuse permission to be searched.
Honestly Polite
Above all else, be respectful. Arguing with law enforcement officers is only going to make things harder for you and you are not going to win. And never get physical with an officer for any reason! Often a prosecutor will confer with the arresting officers before reducing or dismissing charges. If you have had an altercation with that officer, this could reduce your chances of a favorable result in your case.
Don’t ever give false testimony to law enforcement. It is your duty to give accurate information to the police. If you lie or provide false documents to the police, this will make your case more difficult and possibly lead to additional charges.
Takeaway
You have the right to an attorney and you need to consult with one as soon as possible in you are being investigated by law enforcement or are arrested. Meet with your lawyer and explain the facts of the case. Make sure you are comfortable with your lawyer. Your lawyer should be trustworthy.
If you find yourself needing a trustworthy lawyer, Terry Luck is a seasoned trial lawyer, with an accomplished background in personal injury cases and cases involving serious criminal charges. When you want honest, hard working, hard fought representation to have your story told, you need Luck. Terry Luck will vigorously represent you, asserting your rights and your defenses and put you in the best position to win your case. Terry Luck's office is located in Montgomery, Alabama. Call today 334-262-5455.
You may wish to check out our article on "Know Your Rights - Your Miranda Rights Part 1" and "Know Your Rights - Your Miranda Rights Part 2".
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Tiernan (Terry) W. Luck, III
621 South Hull Street
Montgomery, AL 36104
(334) 262-5455 office
(334) 263-1130 fax
The Law Offices of Tiernan (Terry) W. Luck III serve Montgomery County, Pike County, Dallas County, Macon County, Lee County including Montgomery, Troy, Pike Road, Shorter, Selma, and Tuskegee.
No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. No attorney-client relationship is established by requesting a consultation or by emailing the firm. Information submitted in such communication is not privileged and may be subject to disclosure.
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