Arrested? What Are Your Legal Rights?
At Arentz Law Group, you will find a team of highly qualified attorneys who are dedicated to aggressively helping you with your case. Our criminal defense team will fight to protect your legal and constitutional rights every step of the way through the criminal process.
When you are arrested or stopped by the police there are certain things you need to know. It's important that you have legal representation immediately.
Call us at: 1-800-710-4000
YOU HAVE THE RIGHT TO HAVE AN ATTORNEY
You have a right to have an attorney assist you while being questioned by the police. Upon arrest you should immediately ask to speak with an attorney. At Arentz Law Group our defense lawyers are available 24 hours a day. A skilled criminal defense lawyer can help you understand what to do if you are arrested, what tests you should take, and what questions you should answer. Because of the serious penalties involved in a criminal case it is imperative to have an attorney on your side who understands the complexities of the criminal process and who knows the rights you have as a criminal defendant.
WHAT TO DO IF YOU ARE STOPPED BY POLICE WHILE DRIVING
Nearly everyone is nervous when they are stopped by law enforcement while driving, regardless of whether they have any reason or not to be worried about the consequence of the stop. Here are a few “Dos and Don’ts” to remember when you are stopped that will help protect your legal rights.
DO pull over as soon as it is safely possible for you to do so. Signal your intention to pull to the side of the road and do so in a place where it is safe for you to stop.
DO remember that traffic stops are often dangerous encounters for law enforcement, especially at night, and they are rightfully concerned about their safety.
DON’T move your hands from the steering wheel until instructed to provide documents. With your hands on the wheel, the officer will be better able to realize that you do not pose a safety threat since they can see your hands.
DO be polite, courteous and responsive to the officer when they approach the vehicle to speak with you. You can protect your rights without being belligerent or hostile.
DO provide your driver’s license, registration and proof of insurance. Know ahead of time where you keep your registration and proof of insurance so that the officer will have less time to observe your behavior and look around the passenger compartment of your vehicle while you are searching for the documents.
DON’T make any unnecessary statements to the officer. You may be required to identify yourself but do not need to answer other questions. The officer will likely ask where you have been, where you are going, if you have had anything to drink, etc. You are under no obligation to answer such questions. Every statement you make can be later used against you in court.
DO politely tell the officer that you have been advised to never answer questions when stopped by law enforcement and that you don’t wish to answer any questions.
DON’T agree to take field sobriety (coordination) tests. The test is subjective and depends solely on the officer’s interpretation. You have the right to refuse this test without consequence to your driver’s license.
DON’T agree to take the eye test (also called HGN or Horizontal Gaze Nystagmus). The test is very subjective and again depends solely on the officer’s subjective interpretation of the results. You also have the right to refuse this test.
DON’T agree to submit to a portable (preliminary) breath test. The test is not always reliable.
DO agree to the chemical test if you have no prior DUI offenses. Failure to do so will cause you to automatically lose your driver’s license, regardless of whether you are under the influence, for a much longer period of time than the DUI conviction. (Not taking the test will make the DUI more difficult for the Government to prove, but for most people the loss of their driver’s license is a more difficult consequence than having a DUI conviction.)