Golden Ring of Silence in Police Questioning

Light travels faster than sound, and you may appear brilliant until you speak, then you may give police probable cause or evidence that can be held against you.  The right to remain silent can be a sound foundation to your criminal defense. We want the bad guys caught, and therefore Law Enforcement has a tough balance between protecting the public, and protecting people’s right to privacy.  Law Enforcement does not always get it right. If you are arrested, identify yourself to the police officers, and if you do not want to make a statement or answer questions, let them know that.  Not only do you have the right to remain silent, but everything you do say can be used against you in court. Potentially, the longer your sentence to police, the longer your sentence in prison.   Your mother may call you “son,” but probably that is not for the bright move that put you in the back of the squad car.  Exercise your right to remain silent, or it may go flabby with you behind bars for an extra long time. Talk to an attorney.  Tell the police you want to speak with an attorney and that you do not […] Read More

The Balance with Law Enforcement

Law Enforcement has to protect the public and people’s property and people’s privacy.  The problem is Officer Friendly is not always friendly, and we pay them to this job.  There is a balance because we want the bad guys to get caught. You have a right to privacy to a certain point…then the police get to search you if they have probable cause.  Police can make a traffic stop over, and then start a conversation to see if you say something stupid. How many times is gut suspicion right?  Cop hunches are invaluable, but you have to go the right way with them.   Read More

Lights! Camera! Arrest! – DUI Stop Footage

If the cops catch it on camera, you could catch it in fines and jail time with a DUI charge.  Cop cams add at least ten pounds of stupidity to your field sobriety test, especially when viewed in a courtroom. In Florida, you do not have to take a field sobriety test.  You will get arrested, but you do not have to give police all the funny footage of you doing stupid pet tricks on the side of the road.  Or you can do the field sobriety test and get arrested anyway. If you are arrested for DUI, they can ask you to do a breathalyzer test.  If you refuse the breathalyzer, you lose your license for four to six months period if it is your first time.  The second time, it is a misdemeanor. However, if there is an accident with injury, that gives law enforcement probable cause to take a blood sample from you. A DUI charge means you probably got caught and there is evidence against you.  It is a conviction with fingerprinting and a criminal record…and the prosecutors of this area are very professional at doing their jobs. The way to avoid a DUI charge is […] Read More

Blood & Alcohol

Cop cams add at least ten pounds of stupidity to your field sobriety test, especially when viewed in a courtroom.  If you are pulled over for DUI, you seem to have two choices:  get arrested with evidence, or without. In Florida, you do not have to take a field sobriety test.  You will get arrested, but you do not have to give police all the funny footage of you doing stupid pet tricks on the side of the road.  Or you can do the field sobriety test and get arrested anyway. If you are arrested for DUI, they can ask you to do a breathalyzer test.  If you refuse the breathalyzer, you lose your license for four to six months period if it is your first time.  The second time, it is a misdemeanor. However, if there is an accident with injury, that gives law enforcement probable cause to take a blood sample from you. A DUI charge means you probably got caught and there is evidence against you.  It is a conviction with fingerprinting and a criminal record…and the prosecutors of this area are very professional at doing their jobs. The way to avoid a DUI charge is do […] Read More

Fourth Amendment Alive and Well!

The Fourth Amendment of the Constitution protects citizens against police thinking you did something wrong before they know you did something wrong.  It states:  “…and no Warrants shall issue, but upon probable cause….” There was a case in Wisconsin that involved a traffic accident, but no injury.  The driver refused a breathalyzer test, so they strapped him down and got a blood sample.  The driver subsequently moved to suppress that blood evidence because the police did not have probable cause, and the court granted the suppression of evidence.  Then the State appealed and lost. It is good to know the Fourth Amendment is alive and well in the US! Read More