How to preserving your rights after arrest: To know them is to protect them.
The most important thing you need do is to preserve your rights after a DUI arrest in Mesa. By doing this you will protect your rights to defend your charges. Failure to preserve your rights, may waive or limit otherwise viable defenses. Here are some tips to protecting yourself from waiving defenses, or to limit the strength of the prosecution’s case against you.
- Never resist arrest –At the point police decide to make an arrest, you must cooperate. Limit any discussion. Do not argue. That will only lead to additional more serious charges. Resisting arrest may also compel the police to use force, which will result in physical harm to you.
- Miranda Rights – After an arrest the police must read you the Miranda Rights. These are simply your rights under the Constitution to remain silent; and to have your attorney present during interrogation. To invoke them, you must announce to the police that you “wish to invoke your Miranda Rights”. If you do not tell them, but instead “remain silent” you will be perceived as uncooperative and it will be held against you. If you answer interrogation questions without invoking your Miranda rights, you are at high risk of waiving those rights.
- Request a second sample of the DUI test – If the charges were based on DUI or Drug DUI chemical testing, let the police know you wish to a have a second sample collected and preserved for your defense. If retained, your attorney will have it retested in an independent lab. The results will be compared to the crime lab finding. If material inconsistencies or inaccuracies exist, it may lead to suppression of evidence, and even a dismissal of charges.
- Cooperate with routine booking protocol – Following your arrest you will likely be required to be photographed and fingerprinted. Refusal to cooperative with protocol will be held against you and simply make matters worse for you. Your criminal defense attorney will evaluate whether or not the police procedures and protocol for which you were subject, was legal and justified. If your rights were violated or police did not follow proper protocol, your attorney may have a legal argument to use in your defense.
- Retain qualified legal representation. It is never wise to appear for your court date without proper legal defense. There may be defenses you are not aware of that can be used to suppress evidence, get sentencing reduced, or charges dismissed. A criminal defense attorney will protect your rights, help you avoid self-incrimination, build a defense, and file motions, attend court appearances, negotiate with the prosecution, and resent a compelling argument that may lead to a favorable outcome in your case
Tempe DUI Arrest Lawyer
It is important that you do not do anything that will compromise your defense case. By following these defense tips, and getting early retention of legal counsel, you increase your chance of getting the best possible resolution in your case.