Fighting for Your Freedom with Halterlaw
HELP ME HELP YOU
When my office accepts a criminal case, the alleged criminal activity has already occurred. Not even a good attorney can change the facts. However, there are several things that clients can do to help themselves and me.
1. Be polite and cooperative with the police. I realize that interaction with the police can be stressful and people often feel like they are being disrespected but the truth of the matter is that the police have the badge, the gun and the power. Being cooperative and noncombative with the police will help you on the scene and it helps to give me leverage in plea negotiations and sentencing.
2. Do not give a statement to police. You have rights under Miranda. Invoke your right to remain silent. Police will attempt to coerce you into talking. They will threaten you. They will act like they care about you. Don't fall for it. Don't talk.
3. Do not consent to a search of your vehicle, home or other items. Again, they will threaten you. They will tell you that they will get a warrant. If they have probable cause for a search, let them get a warrant.
4. If you get into a heated discussion with your significant other, leave the area. If you have been drinking don't drive. Call a friend or go for a walk. Get out of the situation before it turns physical. Guys, if you lay a hand on a female and she calls the police...YOU ARE GOING TO JAIL.
5. If you get pulled over for a DUI. You must remember that for the most part Miranda does not apply to traffic stops. Do not admit to drinking. Do not admit to where you are coming from or going. There are positives and negatives to refusing the breathalyzer test. Positive...it is more difficult for the State to convict you of driving while intoxicated. Negative...you will have your license suspended for 270 years or have to install an intoximeter in your vehicle for up to a year. If you are charged with a DUI, immediately enroll in a substance abuse program and also enroll in the MADD victim impact panel.