Stopped by Police? What NOT to Do


April 22, 2009
By Stephen G. Rodriguez, Attorney at Law on April 22, 2009 8:30 AM |

Here's a tip on what not to do if you get stopped by police. Police were summoned to an Ohio restaurant on a complaint that an intoxicated man was annoying customers. Police responded and, despite the belligerent man's insistence that he was OK to drive, convinced him to take a cab home. Certain he wasn't drunk -- "I always pace myself," the man later told a reporter -- the man borrowed his daughter's car and drove to the police station where he insisted on being given a Breathalyzer test. The man blew a 0.12% in a state where a blood-alcohol level of 0.08% is considered legally drunk. Police issued the man a citation for DUI (driving under the influence of alcohol). "I'm a knucklehead," the man said later.

You can say that again! If you are confronted by police officers, the last thing you want to do is ask for trouble. If you're stopped or arrested by police, there are 10 important things you should know about your rights that can help keep you out of jail, says expert Los Angeles criminal defense attorney Stephen Rodriguez:

  1. Do not talk to anyone in law enforcement unless you have an attorney present, and then follow your attorney's advice. You do not have to answer a police officer's questions. You have a constitutional right to protect yourself from incrimination by refusing to answer questions or offer any explanations.

  2. Do not agree to any search or turn anything over to law enforcement.

  3. So not discuss your case with family, friends and particularly not with anyone you meet in jail. Information you share can and probably will be used against you.

  4. Do not try to represent yourself. Only a fool has himself as a lawyer. Prosecuting attorneys are experienced experts in criminal law; you are not.

  5. Talk to an experienced attorney who specializes in criminal defense before you go to court. You need an expert in criminal law on your side from the beginning.

  6. Everything you tell your attorney is privileged information which means that it is confidential and cannot be used against you. Don't tie your attorney's hands; help him represent you effectively by telling him everything about your case.

  7. Identify and help your attorney find any witnesses that may have information favorable to your case.

  8. Never sign anything without talking to your attorney first.

  9. Do not plead guilty.

  10. Before you go to court, talk to the experienced criminal defense attorneys at Rodriguez, Lewis & Kahn. Schedule your free consultation today. It could make the difference between jail and freedom.