Frequently Asked Questions About Criminal Law:
Q: If I am arrested for driving while under the influence of alcohol, should I take the “breath” test?
A: The answer to this question depends on the person’s primary concern for the consequences arising out of the arrest. There are advantages and disadvantages to both taking and not taking the breath test.
For those people whose primary goal is to be acquitted of all criminal charges arising out of the arrest, then refusing the breath test is probably preferable since, in most cases, the results of the breath test will greatly strengthen the State’s case. Conversely, many states provide enhanced drivers license sanctions, and possibly increased criminal penalties, for people who refuse the breath test. For those people whose primary concern is to minimize the impact of the arrest on their driving privileges and the length of any driver’s license suspension, then it is probably preferable to take the breath test.
Q:If I am arrested, do the police have to read me my rights?
A:No. Most people are familiar with the so-called Miranda Rights, which include the right to remain silent. However, the police are not required to give Miranda warnings to every individual they arrest. Rather, the requirement to give the Miranda warnings applies when the police wish to ask a person questions or interrogate them after they have been placed under arrest or are in custody. If a person is arrested but not asked any questions pertaining to the offense for which they are arrested, then the police are not required to give the Miranda warnings.
Q: If I am contacted by a police officer to discuss a pending criminal case, do I have to talk to the officer?
A: No. The Fifth Amendment to the United States Constitution guarantees people the privilege against self-incrimination. This simply means you cannot be forced to answer questions by a police officer or any other agent of the government if answering those questions might tend to incriminate you or lead the investigator to incriminating evidence against you.
Q: If I am contacted by a police officer about a pending criminal case, should I agree to talk to the officer?
A: Most attorneys strongly advise their clients against speaking with a police officer or any investigator if they are the focus of a criminal investigation. Once an individual is the focus of a criminal investigation, the officer will attempt to interview the person primarily to gather additional evidence against that person. Any statements you make to the police officer during this interview could be used against you at a subsequent trial.
Q: How will I know if I am the focus of the investigation?
A: You might not. There is no requirement that the police officer specifically inform you that you are the focus of the investigation. Some officers or investigators may tell you that they just need to speak with you to “clear things up”. Bottom line – if you have any doubt or question, you should contact an attorney before agreeing to speak with the officer or investigator.
Q: If I am arrested and I know I am guilty, do I have to or should I plead guilty at my first court appearance?
A: No. Pleading “not guilty” is the absolute right of all criminal defendants. You are not lying, misleading or angering the court or judge by pleading “not guilty” at your first appearance. Indeed, depending on the nature of the charges against you, a Judge may not even accept a plea of “guilty” at a first appearance. Furthermore, even for those defendants who are guilty and wish to plead guilty to accept responsibility for their crime, they will typically receive a more favorable disposition to their case if they hire an attorney to help negotiate the outcome of their case with the prosecuting authority before entering a guilty plea.