Every individual has certain rights during the time that they are being arrested and it is important for you to understand your right when you are being arrested. The article will help you to understand what happens when you get arrested and what your rights are during the process of arrest in Greenville, South Carolina.
If during a traffic stop a police officer has pulled you over under suspicions of drinking and driving you know that it is not one of those pleasant memories that you want to often reminisce about. What is even worse is that some individuals that are pulled over are not aware of their rights. It gets confusing for them when they are asked to confirm whether they have been drinking or when asked to step out of the car so they can take a field sobriety test. Some people do not know what answer to give and are not aware of how they should respond. They are not sure of their legal obligation in such matters.
For this reason, it is important for you to have a good understanding of your rights before you find yourself in the situation described above. Most people who are asked to pull over under suspicion of driving under the influence do not know the rights that they are free to exercise during a police stop and this is the reason why they end up being taken in. If you have been arrested for drunk driving what you should do first is to get in touch with a lawyer from TF Law. As a law firm, we want to help ensure that your rights are protected.
Understanding Your Rights During a DUI Traffic Stop
If you're pulled over for suspicion of drunk driving, you should always consult with a criminal defense attorney before speaking to police officers. An experienced criminal defense attorney will know how to protect your rights and help you avoid conviction.
Here are some of the rights that you are entitled to during a traffic stop.
- The police officer must have a reason to pull you over. After being pulled over by the police you should politely ask them why they have pulled you over. The police officer cannot pull you over unless they believe they have probable cause to believe that you were breaking the law. In this case, they may have probable cause to believe that you were driving under the influence of alcohol or drugs.
- You do not have to answer the questions that the officer asks after initially giving them information about your identity. Questions such as, where you are driving from or if you have been drinking do not have been answered. Asking these questions is a way for them to establish probable cause so they can find a basis to arrest you.
- It is not a must for you to take a field sobriety test.
- You have the right to speak to a lawyer after getting arrested. Avoid saying anything until you have requested to talk to a criminal defense lawyer.
If you are in Greenville, SC and you or a loved one has been arrested for a DUI do not hesitate to get in touch with a lawyer from TF law.
When Are Police Required to Read You Your Miranda Rights?
Miranda rights are the constitutional rights given to criminal suspects in the United States. These rights were established in 1966 by the Supreme Court in order to protect the rights of individuals who have been arrested. The Miranda rights are as follows:
A suspect may not be questioned without first being advised of his/her right to remain silent, right to counsel, and right to refuse to answer questions. If a person refuses to answer any question, they cannot be held criminally responsible for their actions.
Below are some of the instances that a police officer should read you your Miranda rights;
- When there is probable cause to believe that you've committed a crime.
- They have reasonable evidence that you're involved in a particular crime
- There is enough information to arrest you.
- The police have enough reason to suspect that you're armed
- They have reasonable suspicion that you're involved in criminal activity.
If during these instances your Miranda rights were not read to you it is possible for your case to be dismissed.
What You Should Do if Stopped By Police
When law enforcement officers stop you there are several things that you want to ensure that you do.
If you're pulled over by police, stay calm and do not panic. If they ask you questions about what's inside your vehicle, answer them truthfully. Be polite and courteous. Don't make any sudden movements or try to hide anything. Answer the questions about your contact information truthfully and if there are questions you would rather not answer decline politely.
Keep your hands visible
Keep both hands visible at all times. Make sure you keep your hands where the officer can see them.
Follow the officer's instructions. If you're asked to step out of the vehicle, do so. If you're told to put your hands behind your back, do so.
Should You Speak to Police Without a Lawyer if Arrested?
You should always consult with a lawyer before talking to the police. A lawyer can explain your rights and protect your interests. He or she can also advise you whether or not you need to make any statements to the police.
In some cases, you may be able to convince the judge that you did not know that you had broken the law. However, even if you are convicted, you still might have grounds to appeal your case.
Do You Have a Right to Bail?
The right to bail is guaranteed under the U.S. Constitution. If you have been arrested, you have the right to make bail. However, you do not have the right to pay someone else's bail money to get out of jail. If you fail to appear in court, you may lose your right to bail. For this reason, it is important to keep track of important dates. In addition, you could face additional charges. Your legal representative may be able to ask a judge to set bail at a lower amount than what was originally requested.
What Are Your Rights During a Trial?
According to the sixth amendment the rights of a defendant have been guaranteed. These rights include;
- The right to a fair trial without there being unnecessary delay.
- The right to an impartial jury.
- The right to a lawyer.
- The right to be aware of who your accusers are.
- The right to know about the nature of your charges
These rights have been exercised and tested in a variety of cases, DUI-related and non-DUI-related.
At TF Law we are passionate about defending individuals that have been accused of DUI crimes. Our criminal defense attorney takes pride in protecting our client's constitutional rights in order to secure their freedom. We want to ensure that in case you go to trial you will have a fair process where the constitution is upheld.