As trusted criminal defense attorneys, we know the ins and outs of the criminal legal system. There are many, many cop secrets when it comes to investigation and interrogation of suspects. Here is our list of the top 8 secrets the police do NOT want you to know:. Ordinarily, they would need probable cause or reasonable suspicion to get such a warrant. Many times, the police find incriminating evidence during the search such as drugs , drug paraphernalia, stolen goods and much more.
That is why people should be cautious and very seldom consent to any type of police search, even if they think the cops will not find evidence of criminal activity. Make the police do their job by exercising your Constitutional right to not help the cops find incriminating evidence. Note that there are very different rules when it comes to the police searching a vehicle. Michigan law has some exceptions when it comes to vehicles searches. Smart people clearly and frequently tell the police they do not consent to any searches.
Make the cops jump through the necessary hoops to get a search warrant. A suspect is not required to answer questions during an interrogation — As soon as law enforcement thinks a person is involved in a crime, they will likely attempt to question them. Some people are intimidated by the police and just tell them the truth, even if the truth incriminates them. Other people know they are guilty and lie to attempt to get out of their predicament, while others know they are innocent and proclaim their innocence.
As the police should tell you, a person in custody has the right to remain silent. These are known as the Miranda Rights.
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The smart suspects do remain silent except for giving their name and address. However, because people feel guilty or feel it will look bad in court if they do not cooperate, they often participate willingly in an interrogation. The truth is that it is almost always best to remain silent. Then, remain silent until advised to do otherwise by an attorney. The cops may be lying — During a criminal investigation in Michigan, it is perfectly legal for police officers to lie to a suspect. They often do so in the hopes that a suspect will be coerced into confessing or saying something incriminating.
One example of this is to lie to a suspect and tell them they were implicated by another person. Only judges determine a sentencing in Michigan, not police officers. And only prosecuting attorneys decide whether to charge a suspect with a crime and, if so, which crime will be charged. Urine cases require a slightly higher score of. Police will often request a urine test when they suspect the driver is under the influence of a drug like marijuana. The only way to win is to fight your case.
Ten DUI Secrets Police and Other Lawyers Don't Want You to Know
If you plead guilty, you will lose. The OAG, therefore, gives a disincentive to plead guilty. Of course, every case is different but the OAG applies this policy uniformly. Our priority is to get you the result you need. While it often does not make sense to plead guilty to a DC DUI, it does make sense to accept an offer of diversion. Diversion typically involves jumping through a series of hoops including alcohol classes and community service in exchange for the government dismissing the case. In a DC DUI case, there will typically be at least three court hearings the defendant must appear for.
The first hearing is the arraignment. At the arraignment, the government provides discovery and the judge imposes release conditions. Discovery is basically the evidence the government intends to use against the defendant and usually includes police report documents, body worn camera, and other video evidence where applicable. After the arraignment, the next court date is a status hearing. Usually, what happens between the arraignment and status hearing is the defense attorney will investigate the case and negotiate with the prosecutor. If an agreement is reached, like a Deferred Sentencing Agreement, it may be entered at the status hearing and the case would be over.
However, if the defense or prosecution needs more time, it could get continued for another status hearing. If the parties are unable to reach an agreement, then they would likely set a trial date at the status hearing. The final hearing may be the trial. In a jury trial, the judge instructs the jury on what the law is, and the jury decides the facts they believe and applies them to the law.
Breath Machine Procedures in Maryland following DUI Arrest (EC/IR Breathalyzer)
There also may be legal issues that can help prevent you from getting convicted. At Scrofano Law PC, our lawyers are certified to administer the standardized field sobriety tests and have taken the same training the police officers have to get certified by NHTSA. The Costs of a DUI. Other Crimes. DUI Hall of Fame. General DUI Articles. DUI Cases of Note. DUI in the News. DUI Attorney Profiles. A Real Deal Guarantee. DUI Speaking Engagements. Contact Information. Have an Attorney Contact Me.
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Criminal Charges: How Cases Get Started
The Roadblock. Police-Citizen Encounters. Punishment for Theft Crimes in Georgia. Georgia Traffic Ticket Lawyer. For one, was the stop legal? Many cases can be dismissed because of illegal stops. Second, was there enough evidence - probable cause - to arrest you for DUI in the first place? Although relatively rare because the standard for probable cause is so low, we have won a number of DUI cases based on a judge finding no probable cause for a DUI arrest.
Third, did the police officer correctly read you the implied consent rights? This is the most common source of police error in DUI cases. We have had hundreds of DUI cases thrown out due to the Implied Consent rights or DUI testing rights not being read in the correct manner or at the correct time.
Fourth, were the breath test machine or blood testing records maintained or functioning properly? This is another area of success for our firm in defeating DUI cases. Finally, there is the inherent weaknesses in the science of breath testing creating doubt for jurors.
Differences Between DUI, OWI, and DWI Charges
We have won breath tests as high as. We often contrast the relative sobriety of our client on the video with the high breath test reading and simply ask, "do you trust your common sense, your eyes and ears or the government's junk science? Don't trust us? Google it yourself. Field Sobriety Tests Are Not Reliable Indicators of Alcohol Impairment: The three most commonly used field sobriety evaluations are the Horizontal Gaze Nystagmus Test, or eye jerking test, the nine step walk and turn, and the 30 second one leg stand.