Criminal Legal Advice
From Adviceopedia
If you find yourself in trouble with the law, it is a good idea to get professional criminal legal advice. Even if you do not plan to break the law, becoming familiar with them can help you in a time of need.
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You're Under Arrest
Warrant Not Always Necessary
A warrant is not neccessary for the police to make an arrest. If a police officer has reasonable and probable grounds to believe that an individual has committed a crime, he can search your car or home on the spot.
Victim of a Crime
If you are the victim of a crime, give the police as much information as you can about what happened. When giving your statement to the officer, stick to the facts. If you are not sure about something, tell the police officer. Don't guess.
The Right to Remain Silent
If you are arrested, you are only obligated to tell the police your full (legal) name and address. You are under no obligation to say anything else. Most lawyers advise you stay quiet until you have a chance to consult with one. Do not make statements to anyone about your case unless he or she is your attorney.
The Miranda Warning
After the arrest has been made, the police officer will advise the person of his or her rights. The Miranda Warning reads as follows: "You have the right to remain silent. If you choose to give up this right, anything you say can and will be used against you in a court of law. You have the right to an attorney and to have an attorney present during questioning. If you cannot afford an attorney, one will be provided for you."
Getting Criminal Legal Advice
The first thing you should do after you are arrested is to contact a criminal lawyer. Inform the police that you would like to speak with an attorney to get criminal legal advice.
Privileged Statements
Privileged means that any communications between a lawyer and his or her client are confidential. Statements made to other individuals are not protected in this way. If a person accused of a crime makes statements to anyone other than his or her attorney about the case, that person may be called as a witness at trial.
Be Honest with Your Attorney
Your lawyer may not ask whether you actually committed the crime you have been accused of. He or she will ask for your version of the facts. Your lawyer needs to know what kind of evidence the police have against you to provide you with the appropriate criminal legal advice. Do not withhold information from your lawyer. In order to do his job, he can not be surprised in court.
Search and Seizure
A Search Warrant is Not Always Necessary
Police do not always need a search warrant to conduct a legal search. These circumstances include situations where:
- The individual consents to the search
- The police officer is concerned for his or her safety
- The officer sees illegal substances or items in plain view
Search of a Residence by Police
Search Warrant Needed
Police cannot search a person's home without a warrant. A warrant is a document signed by a judge giving police the right to enter a location to search for specific items. A judge must be presented with information indicating there is probable cause for granting the search warrant before it can be issued.
Consenting to a Police Search
If asked, you can choose to give the police permission to search your home. If you chose to give this consent, you have, in fact, waived your right to protection from unreasonable search granted under the Fourth Amendment to the United States Constitution.
Searching Garbage
Once you place your garbage at the curb on garbage day, it is considered to be abandoned property. The police have the right to search through whatever is in the garbage can.
Keep in Mind
The items listed above are meant for general information purposes only. If you need criminal legal advice, please consult a qualified attorney who specializes in this area of practice.
