Common Questions

Some of the most commonly asked questions of a general nature (not DUI specific) are:

What is an arrest?

When you are arrested, you are taken into custody. This means that you are not free to leave the scene. Without being arrested, you can be detained, however, or held for questioning for a short time if a police officer or other person believes you may have been involved in a crime. For example, an officer may detain you if you are carrying a large box near a burglary. You also can be detained by storekeepers if they suspect you have stolen something. Whether you are arrested or detained, you do not have to answer any questions except to give your name and address, and to show some identification if requested.

What rights do I have?

Whether you are an adult citizen or a non-citizen, you have certain rights if you are arrested. Before the law enforcement officer questions after you are in custody, he or she must tell you that:

You have the right to remain silent.
Anything you say may be used against you.
You have the right to have a lawyer present while you are questioned.
If you cannot afford a lawyer, one will be appointed for you.

These are your "Miranda" rights, guaranteed by the U.S. Constitution. If you are not given these warnings, your lawyer can ask that any statements you made to the police not be used against you in court. But this does not necessarily mean that your case will be dismissed. This does not apply if you volunteer information without being questioned by the police.

Once I am told my rights, can I be questioned?

You can be questioned, without a lawyer present, only if you voluntarily give up your rights and if you understand what you are giving up. If you agree to the questioning, then change your mind, questioning must stop as soon as you say that you want a lawyer. For example, if you are suspected of driving under the influence of alcohol, you may be requested to take a test to measure the amount of alcohol in your system. If you refuse to take a test, your driver's license may be suspended and the refusal will be used against you in court.

When should I see a lawyer?

If you are arrested in a crime, you should contact a lawyer as soon as possible. He or she has a better sense of what you should and should not say to the law enforcement officers to avoid being misinterpreted or misunderstood.

How can I find a lawyer?

The Internet can be a very powerful resource for your use in finding a DUI lawyer that you believe can represent you well. However, please understand that some of the material you will find on other sites may be nothing more than a well designed sales pitch so make sure you double check and always check the Better Busines Bureau. Also, before paying and signing any contract I suggest that you google your prospective attorney and check every site that s/he appears on - you will find some interesting things that way.

You will find that I do have a few complaints from clients in the past but they are the exception to the rule.

What if I can't afford a lawyer?

The Public Defender's office may provide you with a lawyer or the court will appoint one for you. However, you need to understand that if this is the case you will lose your license as a public defender can not, by law, help you.

Who can arrest me?

All law enforcement officers - such as police officers, county sheriffs, investigators in a district attorney's or an attorney general's office, and highway patrol officers - can arrest you whether they are on or off duty, in most cases. In addition, they can arrest you even if they did not see you driving. They can arrest you - even if they do not have an arrest warrant - if they have probable cause or good reason to believe you have committed a felony. They do not have to see you commit a felony in order to arrest you. If you commit an infraction, instead of taking you into custody, they may ask you to sign a citation or notice. This is a minor offense, such as a moving violation, where the punishment usually is a fine. If you sign the citation, you are not admitting guilt; you are only promising to appear in court. If you have no identification or refuse to sign, however, an officer may take you into custody.