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Criminal
Law
No-one
wants to be arrested, or spend time in jail. In the unfortunate
event that you, or someone close to you, is forced to deal with
the criminal justice system, it's important to know your legal
rights.
When
Can You Be Arrested?
 If
a law enforcement officer believes that you have violated the law.
If
a law enforcement officer observes you violate, or attempt to violate,
the law.
If
a law enforcement officer has information, or actual possession,
of a warrant for your arrest.
Contrary
to popular opinion, YOU CAN, be arrested for a traffic violation,
although this is rarely the case.
What To Do When Approached By a Law Enforcement Officer
- Be
courteous & polite.
- Give
proper identification. If you are in your motor vehicle, be prepared
to give proof of insurance and registration. Warning: There are
limited instances where your own identity is at issue and total
silence, beyond a request to speak with an attorney, should be
observed.
- Do
not make sudden movements. If you are in your motor vehicle, do
not exit the motor vehicle unless instructed by the officer.
- Do
not attempt to antagonize or insult the officer.
- If
you have been drinking, decline to answer any questions about
alcohol consumption or take any field sobriety tests until you
have been afforded the opportunity to speak with an attorney.
- Do
not consent to the search of your person or your vehicle. It is
fair to let the officer know that you will not consent without
a warrant.
- At
an appropriate time, feel free to ask the officer if you can go.
If he indicates that you may not, ask if you are under arrest.
If not, you should ask why you are being detained. A law enforcement
officer may detain you for a reasonable amount of time for questioning
or to apply for warrant(s). In Missouri, you may not be held for
more than twenty hours, without being charged. A person held for
a long period, without being charged, can have his attorney file
for a writ of Habeus Corpus to obtain his release.
Is
It Necessary to Hire an Attorney for Criminal Law, Traffic &
Alcohol-Related Offenses?
No.
You have the right to represent yourself, but it is never advisable.
An experienced lawyer is trained in the law, the rules of evidence,
and court procedure. An experienced attorney has a reputation with
the court and the prosecution that you do not. An experienced attorney
has the objectivity to address and handle the facts and circumstances
of your case in a professional manner. If you are represented, you
avoid the pitfall of making damaging admissions and representations
through direct communication with the Court and the prosecution.
The old adage, that anyone who represents himself has a fool for
a client, is undeniably true.
For
Experienced Professional Representation, Contact our office at (314)
725-1880.
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DISCLAIMER:
THE PRECEDING INFORMATION WAS OF A GENERAL NATURE AND NOT MEANT
TO CONSTITUTE LEGAL ADVICE OR TO BE USED IN, OR APPLIED TO, ANY
INDIVIDUAL SITUATION. THIS GENERAL INFORMATION IS APPLICABLE TO
THE STATE OF MISSOURI AND MAY NOT BE VALID UNDER THE LAWS OF OTHER
STATES. IF THE READER HAS SPECIFIC LEGAL QUESTIONS, HE OR SHE SHOULD
CONTACT AN ATTORNEY.
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