This month in litigation news, a client was arrested for
driving under the influence of alcohol and was charged with a litany of other
traffic related offenses. Once our experienced attorneys got involved, we were
able to obtain records from the police including a video, which was intended to
capture the entire police altercation. After reviewing that video, our
attorneys were able to find several critical mistakes made by the police
officer in his arrest of our client. First, the video showed the officer waiting
over 1 mile to pull the client over for the initial traffic offense. Second,
once our client was pulled over, the officer asked our client to do a field
sobriety test, but conveniently did the test outside the shot of the video.
Third, in the video, you could hear the officer’s laid back attitude, jokes,
and other comments regarding our client’s performance during the field sobriety
test that was in clear contradiction to what was on the officer’s final report.
Because of the officer’s mistakes, our attorneys were able to convince the
Assistant State’s Attorney to dismiss the DUI in exchange for payment of the
fine for the initial traffic violation. Portner & Shure attorneys will go
to great lengths to investigate your case and prove your innocence.
Showing posts with label defense attorney VA. Show all posts
Showing posts with label defense attorney VA. Show all posts
Tuesday, April 17, 2018
Tuesday, May 24, 2016
What are My Rights While Being Arrested in Virginia?
Criminal proceedings are usually initiated by an arrest. Officers can arrest you if they have probable cause, without a warrant. Probable cause is good reason.
However, except in dire/emergency circumstances the police will NEED a warrant to arrest you in your home.
In order to enjoy your rights, YOU have to be responsible for exercising them.
Although, police officers cannot "legally" force you to do most things-, frequently they will ask anyway.
If you are ever unsure about whether you are required to obey a police officer, you are allowed (and should) respectfully ask them whether they are ordering you to do something. If they are not ordering you; you are allowed to refuse. However, when you are given a direct order- follow this order with respect and as silently and quickly as possible.
In general, the arrest and booking process is often tedious and time consuming. Once you are arrested you have the right to the following:
1. Remain silent.
The Fifth Amendment of the United States Constitution guarantees that "no person... shall be compelled in any criminal case to be a witness against himself." Do not forget- police officers are knowledgeable in asking the "right" types of questions. They are not just trying to chat, these questions are designed with a specific intent. Also- even if you are speaking about something outside the scope of your arrest, this information can still be brought into trial. Anything said during the interrogation can be incriminating!
2. Be informed that what you say can (and likely will) be used against you in court
In Miranda V. Arizona the United State Supreme Court extended the privileges of the Fifth Amendment to individuals subjected to custodial interrogation by police. These are called your Miranda rights and you must be told them BEFORE you are interrogated. Custodial interrogation means questioning initiated by law enforcement officers AFTER a person has been taken into custody. In this situation an individual is deprived of his or her freedom of action.
The state is required to have procedural safeguards in place and to explain an accused person of their right of silence.
3. Consult an attorney and have an attorney with you during interrogations
When arrested, most individuals do not get the opportunity to call a lawyer for over two hours after the arrest. Knowing your right to call a lawyer, as soon as you are arrested, will likely shorten the time you are asked to wait. Police officers are not allowed to say things such as "you don't need a lawyer," and this is NOT a correct interpretation of the law and "should not be spoken by any enforcement officer to a person in custody under any circumstances."
If you begin talking, without a lawyer nor openly requesting one, this information is readily admissible in court.
4. Make a phone call or calls within a certain time after arrest
ONCE you are arrested the state can only hold you in custody for a reasonable amount of time before formally charging you of a crime. In most states, like Maryland and Virginia, this time is 72 hours.
You must KNOW your rights in order to enforce them. Be careful. Know the law.
If you feel that any of these steps were violated during your arrest in Virginia- you need an experienced criminal defense attorney. Contact Portner & Shure P.A. (703) 916-1227 today for a Free Initial Consultation.
However, except in dire/emergency circumstances the police will NEED a warrant to arrest you in your home.
In order to enjoy your rights, YOU have to be responsible for exercising them.
Although, police officers cannot "legally" force you to do most things-, frequently they will ask anyway.
If you are ever unsure about whether you are required to obey a police officer, you are allowed (and should) respectfully ask them whether they are ordering you to do something. If they are not ordering you; you are allowed to refuse. However, when you are given a direct order- follow this order with respect and as silently and quickly as possible.
1. Remain silent.
The Fifth Amendment of the United States Constitution guarantees that "no person... shall be compelled in any criminal case to be a witness against himself." Do not forget- police officers are knowledgeable in asking the "right" types of questions. They are not just trying to chat, these questions are designed with a specific intent. Also- even if you are speaking about something outside the scope of your arrest, this information can still be brought into trial. Anything said during the interrogation can be incriminating!
2. Be informed that what you say can (and likely will) be used against you in court
In Miranda V. Arizona the United State Supreme Court extended the privileges of the Fifth Amendment to individuals subjected to custodial interrogation by police. These are called your Miranda rights and you must be told them BEFORE you are interrogated. Custodial interrogation means questioning initiated by law enforcement officers AFTER a person has been taken into custody. In this situation an individual is deprived of his or her freedom of action.
The state is required to have procedural safeguards in place and to explain an accused person of their right of silence.
3. Consult an attorney and have an attorney with you during interrogations
When arrested, most individuals do not get the opportunity to call a lawyer for over two hours after the arrest. Knowing your right to call a lawyer, as soon as you are arrested, will likely shorten the time you are asked to wait. Police officers are not allowed to say things such as "you don't need a lawyer," and this is NOT a correct interpretation of the law and "should not be spoken by any enforcement officer to a person in custody under any circumstances."
If you begin talking, without a lawyer nor openly requesting one, this information is readily admissible in court.
4. Make a phone call or calls within a certain time after arrest
ONCE you are arrested the state can only hold you in custody for a reasonable amount of time before formally charging you of a crime. In most states, like Maryland and Virginia, this time is 72 hours.
You must KNOW your rights in order to enforce them. Be careful. Know the law.
If you feel that any of these steps were violated during your arrest in Virginia- you need an experienced criminal defense attorney. Contact Portner & Shure P.A. (703) 916-1227 today for a Free Initial Consultation.
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