The 405 Law Firm, PLLC

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KNOW YOUR RIGHTS-David Hall Knows your rights and he knows what to do when they have been violated.

Even before you are placed under arrest the Constitution of the United States guarantees you certain rights. The following are some of the more basic rights, but it is not a complete list. You have many other rights under our Constitution.

Right to Remain Silent: When the police ask to speak to you, you have the right to remain silent. You may talk to the police about the crime they arrested you for, but you do not have to. If you do start talking to the police, you may stop talking at any time during the interview or interrogation and ask for a lawyer before talking further. At that point the law enforcement officer must ask no more questions. Anything you say or write to the police will be used against you in court. You may also ask to have an attorney when the police want to question you. If you ask for any attorney the police cannot ask you any questions until you have spoken with an attorney. If you cannot afford to pay for a attorney, the court may appoint a lawyer to represent you if the court believes you do not have enough money to hire one.

Right to be Represented by a Lawyer: You have the right to have a lawyer. If you cannot afford to hire a lawyer, you can submit the appropriate application, called either “Form 13.3” or “Pauper’s Affidavit,” which asks the judge to appoint a lawyer to represent you. One good reason to be represented by a lawyer is to make sure your rights have not been violated. Another reason is to ensure that you get all the evidence you need to defend yourself. Many times a lawyer knows the kind of evidence that is best suited for a good defense. It is extremely risky to defend yourself in a criminal proceeding without a lawyer.

Right to Confront the Witnesses Against You: You have the right for your lawyer to ask questions of every witness against you if you go to trial.

Right Not to be Stopped and Searched Without a Good Reason: Law enforcement officers must have a good reason before they decide to arrest you or search you or your property. This is called"reasonable suspicion" or  “probable cause.” In some cases the officer must first get a judge to issue a search warrant. In other cases, such as routine traffic stops for traffic violations, there must be some good reason why officers suspect you may be committing a crime before they may search without getting a warrant. 

If the police do not have an arrest or search warrant and ask to search you or your property, you have the right to say NO and may lawfully refuse their request to search. If the police stop you and ask you to identify yourself or show ID, you must comply. However, after you have told the police who you are you have the right to tell the officer you do not want to answer any other questions or speak with them until you have spoken with an attorney.

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