When a person is charged with a crime, law enforcement officials, the courts, the prosecutor, and the presiding judge have a strict responsibility to ensure that federal and state constitutional laws are upheld and criminal procedures are followed to the letter of the constitutional standards. The first thing I do in criminal cases is determine if your constitutional rights have been infringed upon. An infringement can and often occurs through police over-reaching and over zealous investigations and certain constitutional safeguards are violated. Each person in our legal system has the protection against unreasonable search and seizure (fourth amendment) and the right against self incrimination (fifth amendment). These are most often the areas of constant constitutional violations.
Your job as a person is to respectfully decline any police interrogation and ask for a lawyer immediately. Once you have invoked your right to a lawyer (sixth amendment) you can not continued to be questioned. In your car you have the least amount of protection constitutionally in comparison to your home. However, this doesn’t mean you don’t have any rights at all. It means you must be aware of your rights – one constant constitutional violation has to do with DWI stops. Many many times people are not aware they can refuse any and all field sobriety tests and can also refuse a breadth test. It’s easier to defend a blood draw (which now are customary through a warrant) than a simple breadth test. Therefore, be aware that you do not have to do a single test. Your license in most cases will be suspended and you will have to apply for an occupational license (which also brings forth other requirements) but you will not give law enforcement more ammunition to CONVICT you. The aim here is to clear your record or provide as much in your defense to avoid a conviction if all possible. There are so many collateral consequences to a conviction that it is best to not have a conviction on your record. Areas of criminal defense include:
- Federal and State criminal charges
- Drug related criminal charges
- Driving While Intoxicated & Under the Influence
- Assaults and Family violence criminal charges
- Weapon related criminal charges