Get Answers.  Get Results. Criminal Law, DUI, Family Law, Divorce – (205) 737-4696

Get Answers. Get Results. Criminal Law, DUI, Family Law, Divorce – (205) 737-4696

TRAVIS T. JUNEAU

YOU HAVE RIGHTS, PROTECT THEM

  1. Stay calm. Don’t run, resist, or argue with the police.

  2. Don’t lie. This includes handing the police false documents. If you were driving, provide your license, insurance, and registration paperwork; you don’t need to do or say anything else.

  3. You have the right to REMAIN SILENT. You don’t have to say where you’re going, where you came from, what you’re doing. Tell the officer that you wish to remain silent.

  4. You have the right to BE SAFE FROM UNREASONABLE SEARCH AND SEIZURE. You do not have to allow the police to search your car, your house, your bag, or your person. 

Arrested Man

  1. Your first question should be, “am I free to leave?”

  2. The next thing you should say is “I wish to remain silent and a want a lawyer.” If you are not free to leave, you have the right to an attorney to be present, to help you understand your rights, and to protect your rights.

  3. If the police ask if you want to speak to them, you can say no. You should say no.
    • You have the right to remain silent. 
    • You are much more likely to talk yourself into trouble than out.

  4. If you are booked into the jail, be warry of what you say at all times. 
    • This is especially important on the phone. Police can’t listen to phone calls to your lawyer but ALL OTHER calls will be recorded. You should assume that someone is listening to your calls at all times.  
    • Assume the entire jail is being monitored and recorded at all times.
    • Assume that all the people you are in with will say anything they can to save themselves.

  5. You have the right to reasonable bail in all non-capital cases. 
    • If you are unable to make bond, a lawyer can petition the court to lower your bond.

Doorbell

  1. You don’t have to open your door for anybody.
    • Be warned, if the police have a warrant to search your home, they may break the door getting in. But, if the police want to “talk” to you and don’t have a warrant, they are fishing for information.

  2. Police are required to “Knock and announce.” This means the police must identify themselves as police officers.

  3. If you do open the door, the police may ask to look around inside.
    • You can say no. you should say no. 
    • Be warned, that police can use the information they gather standing in your doorway, like smells and items out in the open, to get the probable cause needed to make searching your home reasonable.

  4. If the police have a warrant.
    • You don’t need to be home for the police to enter and search.
    • You have a right to read/ be read the information used to obtain the search warrant.
    • The warrant must be signed by a judge to be valid.
    • Police must leave a receipt indicating the items taken from your home. 
    • A copy of the warrant and the receipt will be left behind.