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Rolling Meadows, IL Traffic Ticket Lawyer

When you see flashing red and blue lights in your rearview mirror and you realize they are flashing for you, it can be a sickening, sinking feeling. Being pulled over by police can be an intimidating experience, even if you have no reason to be worried. It has been proven that most people will do what a police officer tells them for the sole reason that the officer is wearing a uniform, even if they do not believe it is the right thing to do. It is extremely important to remember you do have rights when you are pulled over by a police officer.

Rights When Speaking to Police

Most people have heard about the right to remain silent, but is that always your best option? Sometimes, if a police officer is asking you questions, it is not in your best interest to keep quiet. The right to remain silent is intended to keep you from self-incrimination, but there are other ways to do that. If an officer begins to question you, try answering their question with a question, such as, “Did I do something wrong?,” or, “Am I free to leave?” 

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implied consent, Fourth Amendment, Arlington Heights family law attorneyIn the state of Illinois, just as in most states in this country, when a person gets their driver’s license, there is “implied consent” that the person will submit to testing to gather a sample of their blood, breath, or urine to law enforcement if they have been arrested for suspicion of driving under the influence of alcohol or drugs. If a person refuses to submit to that testing, their licence will be automatically suspended for one year. If it is their second or subsequent refusal, they will automatically have their license suspended for three years. This suspension of driving privileges is separate from the actual driving under the influence (DUI) charge or penalties if they are found guilty. However, a ruling by the Georgia Supreme Court regarding implied consent could have far reaching consequences on every state’s implied consent laws.

The case in question involved a man who was arrested in 2012 and charged with drunk driving. According to court records, the man was not advised of his Miranda rights, but the arresting officer read an implied consent notice and told the man to answer yes or no. The man was then taken to a medical facility where he had blood and urine samples taken.

Ability to Grant Consent?

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arrest warrant, Arlington Heights criminal defense lawyerWhen criminal charges are dismissed, all court proceedings are supposed to cease. Unfortunately, this was not the experience for a man in New York. Instead, he was arrested several times on a warrant that, according to court documents, never should have been issued. Even more concerning is that his battle with the justice system is not as uncommon as some might think.

The Tale of One Man’s Battle

According to The New York Times, a Brooklyn man in his early 50s was originally arrested on suspicion of trespassing after dropping a friend’s child off at school. His charges were dismissed on the condition that he not commit any crimes for a year, but for unknown reasons, a warrant for his arrest was still issued by the State Supreme Court in the Bronx.

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criminal charges, your rights, Illinois criminal defense attorney Criminal charges can leave a serious wake of permanent damage in their path. Consequences, if a person is convicted of criminal charges, can range from probation to incarceration and, or fines. Even something as seemingly minor as a traffic infraction can default to a driver’s license suspension if not handled properly.

The justice system has diverse resources to utilize to prosecute individuals charged with criminal offenses, and will often advocate for maximum sentencing and fines for convicted offenders. Those who have been charged with a crime should be aware that there are options available to obtain a competent defense that can protect their personal rights and freedoms as citizens of the United States.

Regardless of the crime committed, all individuals contending with criminal investigations or charges should be aware of these five essential tips regarding their rights:

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Posted on in Criminal Law

Rigs legal rightsPolice officers have the power to investigate if they have reasonable suspicion that a crime has been, or is about to be, committed. Reasonable suspicion allows police officers to detain a person briefly for questioning. During this stop, the police may quickly frisk someone and search their vehicle for weapons or other dangerous materials. Police officers sometimes abuse these frisks to go on fishing expeditions for evidence. This is an unconstitutional abuse of the reasonable suspicion rule, and courts have started cracking down on the practice.

However, the best way to fight these bullying tactics by the police is for people to exercise their rights.  First, even though police have the power to approach a person, they cannot force the person to answer questions and the person has the right to walk away. If the police decide to frisk someone because they have reasonable suspicion of criminal behavior, this stop must be brief and they can not force the person to answer questions.

If the police decide to arrest a person, they must inform that person of his or her legal rights, including the right to an attorney. It is important that the person ask for an attorney before answering any questions.

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