IF YOU ARE ARRESTED, OR IF YOU THINK YOU MIGHT BE ARRESTED

THE FIRST THING YOU SHOULD DO IS ASSERT YOUR RIGHT TO HAVE AN ATTORNEY PRESENT BEFORE YOU MAKE ANY STATEMENT

in order to be sure that you will be protected by your Fifth Amendment Right to Remain Silent and not have your silence be used against you at trial, you should immediately tell the police officer that you are asserting your right to have an attorney present before questioning.

Do not wait until after the police officer has read the Miranda rights to you

Recently the California Supreme Court (People v. Tom, August 14, 2014) ruled that the silence of suspects can be used against them at trial.

To read People v. Tom: click here.

Whether Arrested Or Not:

Never Allow Yourself To Be Interviewed By The Police (See below)

However Never Lie To A Police Officer. That is a crime itself.

The law regarding whether you have to show a police officer your ID is more complicated than many people understand.

Generally, if a police officer asks you to identify yourself or to see your ID you do not have to show it to him, however, there are circumstances where a police officer is authorized to arrest someone if that police officer believes that person is or has committed a crime and will not identify himself whereas otherwise the officer could only write someone a summons.
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Drunk Driving Arrests:

Should you consent to a blood alcohol test?

If you refuse a blood alcohol content (BAC) test (breathalyzer test, blood draw, or urine test), then you will lose your driver's license for one year, even if you are not convicted of drunk driving.

However, if you are arrested for Drunk Driving there is a "catch 22" problem regarding your firearms rights and the taking BAC test.

The problem with taking or refusing a breathalyzer test, blood draw, or urine test for blood alcohol content is that:

(1) If you refuse a blood alcohol content(BAC) test the grading of a DUI conviction could rise to a misdemeanor of the first degree and you would become prohibited from possessing firearms due to the United States Crimes Code.

(2) If you consent to a blood alcohol content (BAC) test and your blood alcohol content is in the highest range, your conviction could be also graded as a misdemeanor of the first degree and you would also become prohibited from possessing firearms due to the United States Crimes Code.

So, what should you do?

Discuss your personal legal situation in detail with your attorney and ask your attorney for your attorney's advice.

For many reasons, the best choice is: Never drink and drive.

If You Are Arrested Or Taken To A Police Station

Do Not Resist Being Arrested.

Never Lie To A Police Officer. That is a crime that you can be arrested for.

Ask for a lawyer immediately if you are arrested. If you can't afford a lawyer, you are entitled to a free, court appointed lawyer.

You have the right to remain silent. You may simply say, "I am going to remain silent and would like a lawyer."

You may choose to give your name and address to law enforcement. But,in Pennsylvania, you are not required to give any information.

Do not discuss your case over the phone; calls from police stations and jails may be monitored or recorded.

Do not make any decisions in your case until you have spoken with a lawyer.

If You Are Stopped Or Questioned By Police

Police may legally stop and detain you only if they reasonably suspect that you have committed, are committing or are about to commit a crime.

Determine if you are being detained by asking the officer if you are free to leave.

Stay calm and in control of your words, body language and emotions.

If police ask to frisk and "pat down" your outer clothing, tell them you do not consent, but do not physically resist. Also, say clearly that you do not consent to further search.

Do not criticize or swear at the police.

Do not Insult, argue with or run away from the police. It may get you arrested.

In Pennsylvania, you do not have to give the police any information.

If you do talk to the police, do not lie. That is a crime.

Remember, anything you say or do can be used against you.

Keep your hands where police can see them and don't make any sudden moves.

Never Allow Yourself To Be Interviewed By The Police.

Take advantage of your constitutional right against self incrimination,

I suggest that everyone should take advantage of the opportunity to watch this entertaining and informative lecture by ProfessorJames Duane.

To watch the video "Never Talk To Police"

Click on any one of the following links:

http://bitmote.com/index.php?post/2011/12/13/Why-You-Should-Never-Talk-to-The-Police%2C-Part-1-Transcript

http://www.youtube.com/watch?v=6wXkI4t7nuc

http://www.youtube.com/watch?v=CkZf6_jK3Zs

James Duane is a Professor at Regent Law School in Virginia Beach, Virginia, where he received the Faculty Excellence Award in the fall of 2002. He has taught as a Distinguished Visiting Professor at William & Mary Law School in Williamsburg, Virginia, where he is now teaching again in the fall of 2011

J.D. 1984, cum laude, Harvard Law School.
A.B. 1981, magna cum laude, Harvard College, Phi Beta Kappa.

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IMPORTANT DISCLAIMER
The material found on this web site is for informational purposes only.
It is not legal advice and is not guaranteed to be complete or up to date.
It is not a substitute for obtaining the services of an attorney.

This website is maintained by:

J. Michael McCormick
Attorney at Law
314 Center Avenue
PO Box 64
Verona, PA 15147
412-828-8490
jmm@jmichaelmccormick.com .

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