The news you're not supposed to know...

Austrian Economics: Understand Economics, Understand the World
The Century of the Self: The Untold History of Controlling the Masses Through the Manipulation of Unconscious Desires
The Disappearing Male: From Virility to Sterility

The Obama Deception: The Mask Comes Off
Operation Gladio: The Hidden History of U.S. Sponsored False Flag Terrorism in EuropeThe New American Century: The Untold History of The Project for the New American Century
Article posted Aug 18 2014, 12:51 AM Category: Commentary Source: Marc J. Victor Print

If You're Ever Charged With A Crime, Don't be Your Own Worst Enemy

By Marc J. Victor

I cringe to think how many times clients come into my office to discuss their criminal matter with me only to learn they have done possibly irreparable damage to their case.  I have found few people who are aware of their constitutional rights.

Your awareness of some simple concepts may serve you well in the event you or a loved one is the unfortunate subject of a criminal investigation.  First of all, always remember, you are not required to talk to the police.  There may be occasions where your persuasive oral skills will serve to get you a stern warning instead of a costly ticket; however, talking with the police will rarely benefit you when the investigation is for a crime.

In addition, talking to friends and family about your criminal matter is usually not a good idea either.  Although you do not expect a friend or family member to compromise your case, you may put him or her in an unfair position.  A prosecutor may summon your family member or friend to the witness stand in a criminal trial and ask questions about your statements.  Such a dilemma will force your family member or friend to decide between perjury and possibly hurting your case.

Don't get caught up by the fact that the police officer failed to inform you of your "Miranda Rights."  These are your rights to remain silent and to have an attorney present during questioning.  So long as you are not under "arrest" the police officer may properly ask you questions without informing you of these rights.

You are never required to consent to a search.  If a police officer has a search warrant, you must permit the search.  However, if a search warrant has not yet been obtained, you should insist the officer obtain one before you voluntarily allow a search.  The fact that you insist upon a search warrant does not mean you have something to hide.  Rather, it is a confirmation of the constitutional concept that police do not have the right to arbitrarily conduct searches of your property.

A police officer has no right to detain you unless there exists reasonable suspicion that you committed a crime or traffic violation.  However, a police officer is always allowed to initiate a voluntary conversation with you.  Sometimes it is unclear whether or not a person is detained.  If you are in doubt, you should ask the police officer if you are in fact free to leave.

If you are arrested, Arizona law mandates that you will be brought before a judge within twenty-four hours.  This is an important hearing for you.  The judge will decide what conditions, if any, must be met before you can be released from jail.  You have a right to retain an attorney for this hearing to argue for your release.

Regarding the crime of driving under the influence of alcohol, the best advice is to have a designated driver.  However, if you are the subject of a DUI investigation, you must be especially careful and thoughtful about what you say and do.  In Arizona, a conviction for DUI guarantees a jail term.

You can't be forced to submit to roadside field sobriety tests. Although these tests may assist you to convince an officer you are not intoxicated, as a general rule, refusing to take the tests is the better choice.  Keep in mind, it is the police officer who subjectively decides whether you passed or failed the tests.

Deciding whether to submit to a blood, breath or urine test is a different matter altogether.  If you refuse one of these tests, you will lose your driver's license for one year.  You should consult an attorney before deciding to refuse or submit to one of these tests.

DUI is a complex and continually changing area of the criminal law.  However, like other criminal charges, the decisions you make during your initial contact with a police officer can be the difference between conviction and acquittal.

Latest Commentary
- Let's Talk About...The Plague
- With Mass Shootings, The State Makes Us Less Safe
- Good News: 27% Of Americans Say Government Is Their 'Enemy,' Not Their 'Friend'
- Fear Is The Name of The Game
- This Thanksgiving, Let's Say 'No Thanks' to The Tyranny of The American Police State
- Donald Trump's Presidential "Heel Turn"
- Katniss Vs. Power: The Lessons of Hunger Games
- Tracking ISIS to DC's Doorsteps

Comments 1 - 2 of 2 Add Comment Page 1 of 1

Posted: Aug 19 2014, 2:09 PM

"However, if a search warrant has not yet been obtained, you should insist the officer obtain one before you voluntarily allow a search"

This is also risky, as demonstrated by Cotati incident ( where the citizen tried just that. The result: the police claimed exigent circumstances, where in fact there weren't any, broke in, tazed everybody inside and arrested homeowner for obstruction. It did proceed to trial (i.e. the charges were not dismissed), but the jury deadlocked. Which means that the possibility of very real jail term for anybody who refuses to open the door without a warrant, is very real.

Posted: Aug 19 2014, 7:08 PM

75121 If I know I have done nothing wrong...I will shoot any felon that forces their way into my home....No matter their costume....

Add Comment


Verification *
Please Enter the Verification Code Seen Below

Please see our About Page, our Disclaimer, and our Comments Policy.

This site contains copyrighted material the use of which in some cases has not been specifically authorized by the copyright owner. Such material is made available for the purposes of news reporting, education, research, comment, and criticism, which constitutes a 'fair use' of such copyrighted material in accordance with Title 17 U.S.C. Section 107. If you wish to use copyrighted material from this site for purposes of your own that go beyond 'fair use', you must obtain permission from the copyright owner. It is our policy to respond to notices of alleged infringement that comply with the DMCA and other applicable intellectual property laws. It is our policy to remove material from public view that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our members or users.

About Us - Disclaimer - Privacy Policy

Advanced Search


Remember Me
Forgot Password?

Donald Sutherland Reveals The Real Meaning Of The Hunger Games - 11/27Drone Pilots Have Bank Accounts and Credit Cards Frozen by Feds For Exposing US Murder - 11/27Pot Breathalyzers: Coming Soon to A Drug War Near You - 11/27Georgia Sheriff Puts Up Sign Warning People Who Disagree With Him About God to Leave - 11/27City Settles After Police Chief Arrested Man For Calling Public Official A 'Liar' - 11/27World's Most 'Adorable' Drug Kingpin Is Actually The Daughter of Texas DEA Head Honcho - 11/26Heroic Cops Protect Community by Raiding a Group of 90-Yo Women Playing Mahjong - 11/26Bezos Beats Musk - 11/27

Man Follows Speeding Cop, Finds Out He Was Speeding To Buy PeanutsMission Creeps: Homeland Security Agents Confiscate Women's Panties For 'Copyright Infringement'Cop Shoots Couple's Dog, Threatens Jail For Trying To Save Dog's LifeSWAT Team Shoots Teen Girl & Her Dog During Pot Raid On Wrong HomeDurham, NC Cop Testifies Faking 911 Calls To Enter Homes Is "Official Policy"Indiana Sheriff Says US A "War Zone" To Justify New MRAP Military VehicleTampa Cops Surveil Pot Dealer, Catch Him Selling Pot, Raid His Home & Kill Him"You Just Shot An Unarmed Man!": Witness Says Police Shot His Friend With His Hands Up