Given the daily interaction with Police Officers, it is very common for people to get arrested. If you ever get arrested, it is critical that you have the right defense lawyer; one who understands that Police Officers must respect your rights upon taking you into custody.
For instance, while Police Officers are placing a person under arrest, they must read the person being arrested his Miranda rights. As we all have seen in the movies when a Police Officer arrests someone he reads the person his rights (i.e. “You have the right to remain silent, anything you say can and will be used against you…”).
However, once you are placed under arrest, it is important that you know and exercise your rights. Specifically, it is important that you do not make any statements when you are placed under arrest. Any lawyer will tell you that the less statements you make the better off you will be. In other words, if you do not make any statements when you are arrested it is easier for your attorney to defend you in your case.
Most people, however, try to talk their way out of the situation, and they end up complicating their case. This makes your lawyer’s job more challenging.
The primary thing to keep in mind if you are ever arrested is the following: Exercise your right to remain silent, and don’t make any statements if you get arrested.
Once your lawyer has reviewed all the evidence in your case, he can try to get some, if not all, of the evidence suppressed. For instance, if you are from Montgomery County, or more specifically, the Woodlands, and you’re traveling down Woodlands Parkway you may get pulled over for a traffic violation.
Continuing with our example, let’s imagine you get pulled over for speeding at the intersection of Woodlands Parkway and Gosling within the Panther Creek area of the Woodlands. What are your rights? Can the Montgomery County Sheriff’s Deputy search your car? Can the Deputy search your person?
The answers to these and other questions will depend on what the Deputy observes after he has interacted with you. If, for example, the Deputy observes drug contraband within the interior of your vehicle, he now has probable cause to search your vehicle and person for similar items. In short, the Deputy would have conducted a legal and lawful search of your person and/or vehicle.
If, on the other hand, the Montgomery County Sheriff’s Deputy conducts an illegal search (i.e. he did not establish probable cause), your lawyer may be able to get the evidence seized during that search excluded from the case. In other words, the State of Texas would be prohibited from using the illegally seized evidence against you at trial.
Again, if you are arrested it is important that you hire an attorney who is going to work hard on your case to ensure your rights are protected. Your attorney should keep informed through each stage of your case, and your attorney should adequately prepare you for what to expect if your case goes to trial. Getting arrested is a traumatic experience, and your attorney should be a resource you can rely on during that traumatic time.