Riverside criminal lawyer reminds you your constitutional rights

Posted by SharonEvans on December 18th, 2012

If you are arrested following drunk driving or driving under the influence of drugs or alcohol, panic has nothing to do with getting off that situation. The best thing to do is remembering your lawful rights and asking for a lawyer to assist you. For example, a Riverside criminal lawyer may give you useful advice and guide you through a series of legal matters, in order to provide you with the best defence. A Riverside DUI lawyer will have complete expertise with cases like yours and will do the best to avoid severe penalties like time in jail, suspension of your driver’s license, or exaggerate fines.

As a defendant, you have to know your rights. The police cannot decide, they are only allowed to make recommendations. The only person who can really charge you is the prosecutor. As such, remember this for the eventual situation you could be arrested. Do not feel intimidated until your Riverside DUI lawyer arrives.

A second thing is to think what means to be arrested. If arrested, you are only taken into custody and you will not be free to leave the place. But you also can be held or detained for a short time, in order to be questioned, without being arrested. This happens when either a police officer or another person suspects your involvement in a crime. Remember that, when you are detained or arrested, you are not compelled to answer any question, with the exception of giving your name and address, as well as showing some identification when requested.

You have some rights established by the law when you are arrested. The United States Constitution guarantees the so called Miranda rights the police officer has to tell you before arresting you. They are the following:

• You have the right to remain silent.

• Anything you say may be used against you.

• You have a right to have a lawyer present while you are questioned.

• If you cannot afford a lawyer, one will be appointed for you.

Without these warnings having been presented to you, your Riverside criminal lawyer may ask that any of the statements you eventually made to the police may not be used in court against you. Your case will not be necessarily dismissed, of course, and this does not apply to any information you gave voluntarily to the police.

Questioning you without the presence of your Riverside DUI lawyer is possible if you are voluntarily giving up your rights and understand this. If you are required to give certain physical evidence and refuse to take the eventual tests like the measurement of alcohol concentration in your blood, then you will have your driver’s license suspended and your refusal will be used in court against you.

A Riverside Criminal Lawyer can guide you when you are arrested for driving under the influence of alcohol. The advice of a Riverside DUI Lawyer is mandatory, as penalties for such crimes are severe.

Like it? Share it!


SharonEvans

About the Author

SharonEvans
Joined: August 11th, 2012
Articles Posted: 1,871

More by this author