The police didn't read my Miranda rights to me. Does that mean I can get my case dismissed?
Once I am under arrest, should I answer any questions?
Should I consent to a search of my car?
Should I submit to the breath test and any field sobriety tests? If I admit my guilt to the police, will they really go easy on me?
What happens if the victim wants to drop the charges in a domestic violence case?
What is an injunction for protection in a domestic violence case?
If I ask an undercover police officer if they are a police officer, do they have to tell me the truth?
Q. The police didn't read my Miranda rights to me. Does that mean I can get my case dismissed?
A. Not necessarily. The police are not required to read your rights when you are arrested. The police only have to read you your rights if they intend to get from you incriminating information. "Incriminating" means the answers tend to prove you are guilty of a crime. Asking what your name and address are not usually incriminating questions. However if the police ask you, "is this your cocaine" or "is this your gun" or "did you commit this crime", those would be incriminating questions. So, never answer any questions.
Even more importantly, do not "volunteer" information to the police. Many times when people are arrested, they will start to blurt out information and tell the police things, which tend to prove their guilt without the police ever having asked any questions. Anything you volunteer without being asked can definitely be used against you. It's a good policy to just simply keep quiet when in police custody.
Q. Once I am under arrest, should I answer any questions?
A. NO! Never answer any questions other than your name and address. If it is a traffic stop and the police have pulled you over while you are driving, only give the police officer your license, motor vehicle registration, and proof of insurance. Nothing else! Do not answer any other questions. You have the Right to Remain Silent. That means you do NOT have to answer any questions the police ask you. Remember anything you say CAN and WILL be used against you!
Q. Should I consent to a search of my car?
A. NO! If the police pull you over and ask to search your car, do NOT agree to let them search your car. Do not verbally agree to the search and by all means do NOT sign any consent form allowing the search of your car. Once you have been arrested the police can search the passenger compartment of your car, but do not consent for them to search your car before you are actually under arrest. In some instances, the police will call a canine unit to have a police dog sniff your car in the hopes of finding illegal drugs or other illegal contraband. While the police are permitted to do this, it does not always stand up in court. Recent case law indicates that the police are under time constraints as to how long they have to bring a canine to the scene. This time frame is usually less then 30 minutes.
Q. Should I submit to the breath test and any field sobriety tests?
A. MAYBE. Whether or not you submit to a breath test depends on whether or not you had any alcohol to drink. If you refuse to submit to a breath test, or if you take the breath test and blow over a .08, your driver's license will be suspended.
As far as submitting to field sobriety tests such as walking the line, counting balance, the Horizontal Gaze Nystagmus (the pen in front of your eye test), politely refuse these. Never take these tests; they are NOT designed to prove your innocence. For more information, see our pages on DUI/DWI and Sobriety and Breath Tests.
Q. If I admit my guilt to the police, will they really go easy on me?
A. NO. The oldest trick in the book is for the police to tell you that they will go easy on you if you tell them the truth. Never answer any questions the police ask you without your attorney being present. You have the Constitutional Right to Remain Silent and you have the Right to an Attorney. Invoke these rights; politely refuse to answer any questions unless you have an attorney present. Besides, it is the State Attorney's Office that decides how you will be treated legally, not the police.
Q. What happens if the victim wants to drop the charges in a domestic violence case?
A. It's a good first start for the "victim" (usually a spouse, significant other, or family member) in a domestic violence case to want to drop the charges against you. However, this does not mean the State Attorney's Office will automatically drop the charges. The State Attorney's Office has a special unit devoted to Domestic Violence and they will often counsel the victim against dropping charges. This also does not mean that any injunctions against you will be lifted.
Q. What is an injunction for protection in a domestic violence case?
A. An injunction for protection is a Court Order requiring you to stay away from and to not have any contact in person, on the phone, on the Internet or through third parties with the victim. Violating this injunction will result in you getting arrested again and creates another charge against you. When arrested for domestic violence, you generally have a temporary injunction for protection against you that requires a court appearance so the judge can decide whether to dismiss it or make it a permanent injunction. Remember, this is separate from the actual battery and domestic violence charges against you. So, think before you lose your temper.
Q. If I ask an undercover police officer if they are a police officer, do they have to tell me the truth?
A. No, they do not. This question is usually asked in connection with cases relating to solicitation to commit a lewd act, prostitution, or in the sale or trafficking of drugs. It's wise to not place yourself in any of the above situations so you are never in the position of having to ask someone if they are an undercover police officer. One indiscretion can cause you a lifetime of problems.
