Know Your Legal Rights… and What Not to Do

You have rights – use them!

Anyone who has ever watched one of the Law and Order or CSI shows knows that everyone in the United States of America has Constitutional rights. Suspects in those shows are constantly spouting off about “knowing their rights” and “not saying nothing” (the right against self incrimination – 5th Amendment), all while demanding their attorney (6th Amendment). And you always hear police officers reading Miranda Rights to the villain as he or she is being taken away. We’re being inundated with our rights.

But do you really pay attention to what those rights are? Even with all of these entertaining programs constantly repeating the Constitutional rights provided to all Americans, in the vast majority of cases, people don’t exercise these rights to protect their own interests. In fact, many cases are made for the State simply because the Defendant did not exercise their Constitutional right to not say anything!

An Orlando criminal lawyer can help guide you through these often confusing and frightening interactions with advice specific to your individual cases, but there is also some general information that applies to just about everyone.

In the event that you are contacted by law enforcement and questioned about a past or present incident that you may or may not be involved in, it is important to know what you are legally required to do and say. In general, it’s best to remember the three Rs – refuse, refuse, refuse. Police will often try to intimidate their way into getting what they want from suspects, but legally there are specific procedures they have to follow unless you just offer the information to them, and a Longwood violent crimes attorney can teach you how best to protect yourself.

So, what should you do when a Florida law enforcement officer…

…wants to ask you questions?

Refuse to answer. This means you must tell the officer that you will not answer any questions until you speak to an attorney. This should put a stop to any further questions by the officer. If an officer proceeds to ask you questions, you must stay firm and not speak until you get a chance to speak to your Orlando criminal lawyer. While you may feel intimidated by law enforcement, you will help yourself in the long run. Furthermore, even if you think you are not the focus of the investigation, you should consult an experienced Orlando criminal lawyer who specializes in defense to make sure you have no criminal liability.

…wants to search your vehicle or home?

Refuse the search. Politely tell the officer that he or she may not search your property unless they have a warrant. While the officer may get a warrant and still do the search, at least the validity of the warrant can now be challenged by a Longwood violent crimes attorney. If someone consents to a search it is much harder to challenge in court.

…pulls you over while driving?

Refuse to be baited. The number one thing you need to remember is to not admit guilt. If the officer asks, “Do you know why I stopped you?” say “No.” Let him or her tell you, not the other way around. If the officer tells you how fast you were going, don’t disagree, but say something noncommittal like, “Okay,” or just remain silent. The key here is to remain calm. Don’t let the officer rattle you and get you talking, or you might admit to doing something the officer didn’t know!

…tries to make you take a sobriety test?

Don’t refuse it. Any person who drives a motor vehicle in the state of Florida is automatically agreeing to the state’s implied consent law. This means that simply by driving, you are giving your consent to submit to an approved chemical or physical test. If you refuse to take a blood-alcohol test and you’re arrested for a DUI, your license will be automatically suspended. This is in addition to the normal penalties for getting a DUI. Remember, the accuracy of sobriety tests can be challenged, and many are overturned. Take the test, then get yourself a Florida certified Kissimmee DUI lawyer. It’s not worth risking your license just to avoid the test.