WHAT RIGHTS DO I HAVE IF I AM STOPPED BY A POLICE OFFICER?

You have the right to remain silent. You do not need to answer questions asked of you by a police officer which may tend to incriminate you. You may not be compelled to give verbal evidence against yourself. You should be very careful prior to talking to the police if they are investigating you for criminal conduct. Some answers the police may already have some they may not. You need not assist them as they investigate you. Any statement you make may tend to incriminate you. When being investigated by the police you should remain silent or request the assistance of an attorney. If you have been investigated by the police you should seek the assistance of competent counsel.

WHAT SHOULD I DO IF I AM STOPPED FOR A DUI?

When you are stopped for investigation of Driving Under the Influence of Alcohol, you have the right to remain silent. You are not required to make any statements which may be used against you by the police. You do not need to participate in any of the field sobriety, or dexterity tests when the police request you to. If you are arrested, you should normally, take the chemical test requested by the police. The police have the right, by law, to choose which and how many chemical tests you may be required to submit to. The breath or chemical test is only one piece of evidence to be used against you. If your breath test exceeds the legal limit, it does not mean that you are guilty of anything, especially DUI. An arrest and charge for DUI is a very complex case and is not easily determined by the simple results from the chemical test. The consequences of pleading guilty to DUI may affect your insurance premiums for years. It my affect your employ-ability for years. It will have an impact upon your family life. Before you plead guilty to DUI you should consult with a competent attorney immediately.

I WAS FALSELLY ARRESTED. WHAT SHOULD I DO?

Before a police officer may arrest you, he must reasonably believe that you have committed a crime, or are about to commit a crime. If you are arrested based on a hunch, or inadequate evidence, the arrest may be improper. If the arrest is improper, your case may be thrown out of court. If you believe that you have been falsely charged with a crime, you should seek out a competent attorney.

I WAS ARRESTED, AND THE OFFICER WAS ABUSIVE DURING THE EVENT. WHAT CAN I DO?

You must at all times obey any and all lawful orders of the police. It is not up to you to determine when you can resist or not. It is up to the courts to determine if the order was lawful or not. Resisting arrest is a separate and different charge which may still be prosecuted, even if the reason you were being arrested is dismissed. An officer may not use more force that is necessary to complete the arrest. If the officer uses more force that is necessary, this is called excessive force. If you believe that an officer has used excessive force, contact a competent attorney immediately.

WHAT SHOULD I DO DURING A TRAFFIC STOP?

If you are stopped for a traffic violation, DO NOT admit guilt to the police officer. While stopped, most officers will use this opportunity to look around your vehicle for evidence of other offenses. Many officers will use traffic stops to ask you many unrelated questions attempting to find conduct for which they might arrest you. Many officers will attempt to search you, or your vehicle. You are not required to answer questions from the officer. You do not have to, and should not consent to a search of your vehicle. If you are stopped by a police officer, you should contact a competent attorney.

I WAS ARRESTED. HELP!

Just because you have been arrested, does not mean you can be proven guilty. After you have been arrested, the government has the burden of proving your guilt beyond a reasonable doubt. If you plead guilty, you remove that burden and you prove yourself guilty. When arrested, you should not consent to the search of your person, vehicle, belongings, or your home. Secondly, do not make any statements either voluntarily or as a result of interrogation by the police. Third, you should seek the assistance of competent counsel immediately.

WHAT DOES IT MEAN TO PLEAD GUILTY TO A CRIME?

Prior to pleading guilty to any charge brought against you, you are entitled to have your rights explained to you. You are cloaked with the presumption of innocence until proven guilty beyond a reasonable doubt. You are entitled to a speedy trial. You are entitled to the assistance of an attorney at all critical stages of any criminal proceeding. You are entitled to bail, except under very serious situations. You are entitled to confront your accusers. If you plead guilty you automatically give up all of these, and other rights assured you by the constitutions of the State of Utah and the United States. Before you give up these rights and subject yourself to criminal penalties, you should consult with a competent attorney. .

Every client will always be treated with the utmost care and respect as we prepare your defense or personal injury case. You are and always will be our number one priority. We are the best in the long run.