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Have You Been Charged? |
Q:
What is the first thing I should do if I am stopped by the police?
A:
Politely cooperate with the police, but no more. Being charged with a crime can be the most frightening thing that ever happens to you. Because what you do and say is being watched carefully (it may even be video taped), you need to remember to keep control of your emotions and say as little as possible; be cooperative, but do not volunteer information that is not asked for. What you do in the minutes and hours after being contacted by the police could be described in detail to a jury, so you want to be as polite and respectful as possible.
Do not forget that once the police officer detains or arrests you, he or she thinks you have committed a crime and is collecting evidence to be used against you.
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Q:
Do I have to talk to the police?
A:
No, but it may be a good idea to politely cooperate with the police. Being rude to the police is never helpful to your case. Under certain circumstances, a police officer can even arrest you if you fail to tell the officer your name.
The best way to deal with a police encounter is to listen to what the officer asks you, and then respond with the minimum amount of information necessary. For instance, if the officer asks you for your name and address, you should probably politely comply. If, on the other hand, the officer asks you what you have been doing that night, you should probably ask the officer politely why you are being stopped, instead of answering the question directly. If the officer persists, you should then ask if you are free to leave. If the officer tells you that you are not free to leave, then you should immediately ask to speak to a lawyer before answering any further questions. Once a police officer informs you that you are not free to leave, you are likely under arrest at that point, and the police officer is simply gathering evidence to use against you in trial.
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Q:
What is the first thing I need to do after being charged with a crime?
A:
If you are charged with a crime, you will have to appear in front of a judge for your arraignment. The arraignment is when you come to court, appear before a judge, and enter a plea of "guilty" or "not guilty." You will normally enter a "not guilty" plea. The most important thing the judge will do at this hearing is set bail. If you do not have any significant criminal history, it is likely that the judge will allow you to remain out of custody on a low amount of bail. It is absolutely critical that you have an attorney to represent you at this hearing to help you remain out of custody.
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Q:
Am I entitled to a phone call?
A:
Yes. Washington law requires that you be given access to a lawyer as soon as feasible after arrest. This includes begin given access to a lawyer prior to deciding whether to take the breath test. You are entitled to have access to a lawyer at this point free of charge.
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Q:
Do I have to take the breath test?
A:
No, but it is usually the best thing to do. First of all, it may provide the best evidence you have in your defense--if the results are under .08, the chances are greatly improved that you will not be charged with DUI. Secondly, if you refuse to take a breath test, there are immediate concerns you will have regarding your license. Upon learning of the refusal, the Department of Licensing will begin proceedings to suspend your license for a minimum of one year! Since most people cannot function in daily life very well without maintaining their license, it is usually better to take the breath test.
Whatever you do, insist on your right to talk to an attorney before you make your final decision.
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Call 206-686-5075
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If you have been charged with a crime in Seattle or Washington State, contact us immediately and we will respond within 24 hours of receiving your email. We look forward to helping you.
Disclaimer:
The information contained in this website is intended to convey
general information. It should not be construed as legal advice or
opinion. It is not an offer to represent you, nor is it intended to
create an attorney-client relationship.
Any email sent via the Internet using email addresses listed in this
website would not be confidential and would not create an
attorney-client relationship.
Disclaimer:
The information contained in this website is intended to convey
general information. It should not be construed as legal advice or
opinion. It is not an offer to represent you, nor is it intended to
create an attorney-client relationship.
Any email sent via the Internet using email addresses listed in this
website would not be confidential and would not create an
attorney-client relationship.
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