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After getting a ticket or being arrested, it is normal to have questions and concerns. The hard part is finding the right person to answer your questions. Some commonly asked questions are listed below. For more specific questions and more detailed answers call The Maher Law Firm at 614-205-2208.
Can an officer pull me over for no reason?
Technically, no. In order to stop someone, an officer must have reasonable suspicion or probable cause. This basically means they have to see you do something wrong or have enough information to infer that you did or are doing something wrong.
Do I really have the right to remain silent?
It used to be that you could remain silent. Under current Ohio law, a person who is in a public place must disclose their name, address, and date of birth if the officer reasonably suspects you are committing, about to commit, or have committed a criminal offense. This mandatory disclosure of personal information may also apply if you are a witness to certain criminal activity. Failure to do so is a misdemeanor of the fourth degree. Other than that, you do have the right to remain silent and anything you say can and WILL be used against you.
Do I need to allow police to search myself, my car, or my property?
In areas where you have a reasonable expectation of privacy, the constitution protects you from unreasonable searches. This means that your person, your car, your home, and certain other places are protected giving you the right to refuse a search. That being said, an officer may obtain a warrant to search persons or places upon probable cause. There are exceptions to this rule that will allow for a warrantless search in certain circumstances.
Should I speak with an officer when I am being questioned?
That depends. You should always be polite, but if you are suspected of committing a crime, trying to explain the situation often does more harm than good. If you are under arrest, it is best to have an attorney present during questioning.
Can I have a trial for my case?
Of course. Trials are an important and necessary part of the judicial process allowing judges and juries to keep police action in balance. It is an opportunity to have the prosecution prove your guilt rather than just assuming you’re guilty.
Will I have to go to jail?
Maybe. Jail is a possibility for many criminal and traffic matters. If you are convicted or plead guilty, your prior record will play a large role in whether or not you go to jail.
Will this be on my record?
Yes. Your charge and/or arrest will be on record, however, you may apply for an expungement to have certain records sealed if all of the eligibility requirements are met.
Do I need an attorney?
Generally, having an attorney is a smart decision. Some cases may not seem serious yet there may be unknown penalties, even in minor cases.
What if they didn't read me my rights?
Just because you were not read your rights when you were arrested does not mean that you should have been released, but it can play a substantial role in the ability to keep any incriminating responses to police questions out of evidence.
Can I lose my license after a DUI?
Yes. The law provides for a driver’s license suspension in most cases. The length of suspension is determined case by case based on prior record for similar offenses and whether or not you took or refused the chemical test.
There are thousands of other questions you may have. Please feel free to contact The Maher Law Firm to answer your other questions.
