Lawyers and litigation.

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September 7, 2010

You hear a lot about class action lawsuits but, if you’ve never been a part of one or even if you have, you may not be aware of the following 10 interesting facts about these lawsuits that we learned from an Illinois class action attorney.

10 interesting facts about class action lawsuits

1. Certain things will determine if it is worth bringing a group of people together for a class lawsuit, such as the number of people affected, whether they have the same issues and whether the entire class’ interests will be served by bringing suit.

2. If you lost only about $100, it’s not worth pursuing an action because the filing costs alone will be more than that. However, if 10,000 people lost $100, they can bring a class action lawsuit and costs and attorneys‘ fees will come out of whatever the recovery amount is. So, if the case is successful, you will recover something, at least. If not, you are in no worse position than you were before.

3. If you decide that you don’t want to be part of a case, you can still make your situation known to the Illinois Attorney General Department of Consumer Fraud, your city’s consumer service department, as well as the Better Business Bureau.

4. You may not want to be part of a lawsuit and, instead, prefer to bring the case on your own. However, there are instances where a judge may require that similar cases be part of a class claim so that the defendant does not incur excessive costs by repeatedly defending similar cases.

5. The four most common types of class action lawsuits are employment related (such as a group of workers affected by an illegal act of the employer), securities law (such as a group of investors harmed by the wrongful acts of one company), consumer fraud (such as a group of consumers harmed by one defendant) and product liability (such as a group of people harmed by a defective product).

6. These lawsuits could, in some cases, have millions of plaintiffs. That is why a “lead plaintiff” is selected to attend meetings, depositions and possibly testify at trial. This person may be selected because he or she will make a good witness and because his situation is a good representation of what the whole class has experienced.

7. The lead plaintiff could receive more money from the recovery amount, as determined by the judge, than the rest of the group for to compensate for his or her time and effort.

8. Attorneys that handle these cases do not ask for any payment up front. Rather, they receive a court-approved percentage of the recovery amount, if any.

9. We think it is important to select an attorney with at least 10 years of experience handling claims to the one you are pursuing and that he or she is part of a financially stable firm that can foot the bill for costs and fees during the litigation of the suit.

10. Illinois class action rules and regulations can be very intricate and there are also federal rules that might apply, which can cause your case to end up in federal court. Your experienced attorney should be very familiar with all of these.

There is more to class lawsuits than the above but these are some the interesting facts about these types cases.

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Lawyer does not prevent crime.

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September 7, 2010

A criminal attorney basically represents someone accused of a crime in court. Let me give you a little background before explaining what it is exactly that a criminal attorney does. Sometimes the law allows a person to use physical force against another, whether it is in self-defense or the protection of another, or even to protect one’s property, these are all acceptable uses of self-defense. You and your criminal defense attorney are going to have to show at least four instances of why you had to defend yourself in such an extreme way. Your attorney will have to show the judge or jury that (1) your confrontation was unprovoked by you, (2) that you were in immediate danger of bodily harm, (3) that your use of force was necessary in preventing that harm, and (4) that the amount of force you used was reasonable.

If you were in a position where you had to defend yourself against an attack from someone you think meant you bodily harm, it is up to your criminal attorney to prove that you had a reasonable belief the actions you used to defend yourself were necessary and just to prevent either your own death, the death of another, or serious bodily harm. The force used against you must be unlawful or improper, and directed toward you without your consent.

Battered Wife Syndrome is a good example of self-defense. This defense is when a women has been subjected to physical and mental abuse continually by their husbands or significant others. Courts may find this case somewhat confusing because in most cases, women who kill their husbands also planned to kill them. If this is your situation, then your criminal attorney will have to prove to a jury or judge that under circumstances such as these, you had two choices–You can wait until your husband finally kills you or, kill your husband before he gets the opportunity to kill you. In this case, it will be up to the state prosecutor to prove beyond a reasonable doubt that killing your husband was not the only way out. For example: Why didn’t you just leave your husband and go stay with a friend or relative and file for divorce? Or, you could have gotten a court order to restrict your husband from approaching you within so many feet. If Battered Wife Syndrome is your defense, then your criminal attorney will prepare you for this type of questioning.

What does a criminal attorney do? The answer to that is, a lot. They will fight for your defense because he or she believes in your innocence and constitutional rights, no matter what you have done. If you were charged with a serious crime in the past, but today you are sleeping in your own soft bed and not a concrete slab, you have your criminal defense attorney to thank.

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Like Clinton, Bush Obama, and the influence of U.S. Supreme Court.

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September 6, 2010

Of the three branches of federal government, the US Supreme Court is unique because of the length of service and power of the individual Justices. Looking back over the last 20 years, it is interesting to consider how Presidents Clinton, Bush and Obama have influenced the Court.

The Role of the President

The Presidents have a very direct influence on the Court, but one they rarely get to exercise. They are charged with selecting candidates to become Supreme Court Justices when an opening occurs. These candidates then go through confirmation hearings in the Senate and, usually, are confirmed to sit on the bench.

The appointment of a Supreme Court Justice is incredibly important for two reasons – time and balance. A Justice has no term limit like a President. He or she does not have to stand for election like a member of Congress. Once on the Court, the Justice remains until they voluntarily retire or pass away. The decision to put a particular person on the Court is one that will have ramifications not for four or eight years, but 40 or 50.

So, what about balance? The Court consists of nine Justices. Much like society in general, the Court is nearly evenly divided. There are four strongly conservative Justices and four strongly liberal ones. Justice Kennedy stands as the swing vote in most cases. Because of this split, the replacement of one liberal judge with a conservative or vice versa could lead to a landslide of new legal decisions on hot topics like abortion, immigration, the death penalty and so on. This is why there is so much media attention on new Justices.

Oops!

Picking a Supreme Court Justice can be a difficult affair. Many Presidents have picked candidates that they thought reflected their views only to find the opposite to be true once the candidates have made it onto the Court. For example, President Regan selected current Justice William Kennedy. One would thus expect Justice Kennedy to be a staunch conservative, but he often sides with the other liberal justices on certain issues. This has been true throughout the history of the Court, much to the chagrin of the nominating Presidents!

President Clinton

President Clinton was considered a moderate liberal. Serving two terms, he had the opportunity to select two Supreme Court Justices. The first was Ruth Bader Ginsburg in 1993. The second was Stephen Beyer in 1994. Both were considered to have liberal leanings, which reflected the views of the President. In their 15 years of service, both have consistently been part of the four liberal justices on the Court. In this sense, President Clinton can be said to have influenced the Court by bolstering the liberal wing of it.

President Bush

President Bush was considered a conservative. Like President Clinton, he served two terms and had the opportunity to select two Justices. The first occurred when Sandra Day O’Connor retired in the summer of 2005. President Bush selected John Roberts for the position. Before he could be confirmed, Chief Justice Rehnquist died. President Bush then re-submitted Roberts for the position of Chief Justice and he was confirmed. President Bush eventually elected Samuel Alito to fill the O’Connor position. He was also affirmed.

Both Chief Justice Roberts and Justice Alito are considered conservatives. As such, they are expected to make up a new conservative Court. Both have acted as expected and have solidly sided with two other conservative Justices on the Court – Clarence Thomas and Antonin Scalia. In this way, President Bush has influenced the Court by creating a solid, conservative group of four Justices to counter the collection of four liberal Justices on the bench.

President Obama

President Obama is considered a liberal in the political spectrum. In his roughly year and a half of service, he has been given the unique opportunity to select two Justices – Sonia Sotomayor and Elena Kagan. Both are believed to have liberal leanings, but have been on the bench for such a short amount of time that there is no clear record of how they will vote on matters. Assuming they are liberal, their votes will not change the nature of the bench since they replaced liberal justices. They do, however, cause a major demographic change. The Supreme Court has long been comprised of white men. The selections of President Obama now mean there are three women on the bench and one Latina. How this will ultimately impact the highest court in the land is unclear.

Justice Kennedy

Presidents Clinton, Bush and Obama have influenced the Supreme Court by building two distinct groups of Justices – a conservative group and a liberal group. That being said, the decisions being rendered by the Court on hot topic issues haven’t really changed substantially. That will all change when Justice William Kennedy retires or passes away. He is currently the swing vote on most major cases. The President who selects his replacement will set the course for the Court for at least the next few decades. Given this, you can expect one ferocious fight over the confirmation of that nominee.

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Federal drug case – you need the advice.

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September 5, 2010

If you are accused and facing a federal drug case, then you must obtain the services of a drug defense lawyer or federal case attorney. They can help defend your rights in court and help to build a strong case for your defense.

Generally federal drug cases include a wide variety of offenses such as intake of drugs, custody of drugs, and manufacture and delivery. In some cases these federal drug cases can involve infringement of federal and state regulations.

Depending on the specifics of each particular case, the drug crimes will cause an array of immediate criminal charges on top of financial penalties. These charges may include imprisonment, financial fines, or obligatory participation in a drug rehabilitation program chosen by the court.

Harsh charges generally result in harsher sentences. Some may be less severe charges, but still the punishment can be rigorous. For instance, the custody of a minute amount of the drugs may invite harsh fines, mainly if the charge person is involved in previous convictions or possession of weapons or related to events near protected areas like schools or hospitals or when kids are involved. If you are involved in a drug case and you are charged, then get advice from a competent criminal defense lawyer.

This is not difficult for someone such as a notary, who knows the legalities of drug trial procedures. There are numerous well-known attorneys who understand the fundamental issues that lie at the heart of federal investigations and Federal Criminal Defense. These litigators are able to produce a significant change to the result of a drug trial.

During the investigation stage of a federal drug case, the offender appreciates his lawyer’s capability to look after their well being. During the pre-trial in which takes place at the U.S. Attorney’s Office the lawyer should be actively Participation in relief the fault of lawyers committed significant – Better training attorneys after an error to think and find out customers to offer lower costs or to.

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Litigation Attorney.

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September 5, 2010

Where a person is arrested under criminal charges, he needs a representative to legally defend him. Criminal defense attorney is a person who legally represents the accused under criminal charges and defends his right at every stage from arrest to appeal after conviction. He is hired either in private or appointed by government. Employing a criminal defense attorney will make a lot of difference between a jail sentence to discharging the convict without charges. In every case these criminal defense lawyers ensure that the right of the accused is protected through out the proceedings. Hence a qualified, competent and experienced attorney will be the most preferred choice.

Attorney’s Role:

A criminal defense attorney plays a vital role in directing and presenting the case in such a manner that the benefit of doubt will be in favor of the accused their by reducing the severity of punishments. Questioning witnesses in the court is a source of information. He negotiates with the prosecutor for reducing the punishments and their by the sentence.

Framing the case in such a way so as to avoid future legal problems to the defendant; educating the defendant about his status and the outcome of the trial with the defense strategy adopted; helping the accused from low self esteem and fear factor being an outcome of the legal procedures; knowledge and awareness about the legal provisions and defense loop holes; familiarity with the court formalities; knowledge about the hidden cost of pleading guilty; hiring investigators and gathering the facts of the case are the various steps adopted by a defense attorney to defend the accused.

Government appointed Attorney:

On a case to case basis, considering the financial position of the accused the court allows the appointment of an attorney on a request made by him. A declaration about his financial condition should be presented. The attorney or the public defender as he may be called is appointed immediately or delayed for verification. The court bears the expense of appointing an attorney. Where the accused does not qualify for a free help and also not in a position to bear the expense is allowed to pay a portion of the expense.

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Federal court records are public records.

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September 4, 2010

Federal court records are considered to be public data. I am not saying that people walk in to the registry just to hunt for records to keep things interesting

These records are going to include a number of files. Some of them will be from court files as a result of marriages, dissolution of the marriage (divorce, annulment or separation), child custody hearings, legal adoptions as well as other family matters which may be brought to the court’s notice. Bankruptcy information can be one of those which can be associated with these records. These provides details of the date and cause of bankruptcy of an individual.

Because these are federal, it covers nearly all concerns everywhere in the country. Court records are wide-ranging. A majority of these may include dockets and case files plus claims that have been registered in the state. Federal court records would be convenient for barristers to be able to gain access to the status of documents as they are filed within the court houses and centralized for documenting.

This would come in most beneficial to people who are filing for appeals or for those who have appointed another barrister. They could gain access to the details of the dockets, data files, claims and proceedings to keep them updated. It will enable them to know the current status and be able to prepare themselves for a improved defense or game plan. To become updated is just among the many positive aspects to this sort of access. Remember, there are a few lawyers who want to play it smart when it comes to their plan of attack. This is by means of using another case file of the opposing party to be included in their proceedings.

There are also some governing bodies that offer their services to find particular federal court records for you or any party of interest. It will come at a fee and most cases in the greatest effectiveness. In the past times, these are offered to be found by means of the old fashioned method of manual file digging. Nevertheless, with the turn of the digital age, you or any person can now be able gain admittance by simply browsing on the internet. All a person needs is a computing device, a stable internet connection and a java script application. The access covers almost all of the regular files people need. They could give you access to records like those from the appellate court opinions, the claims registry, judgments and case status plus a compilation of case associated data files that might include the nature of the claim, etc. An individual also can access imaged copies of the documents concerned when they decide to acquire of this kind of assistance. This way, searching for records in question gets simpler and they wouldn’t have to go through a long process of acquiring what they want.

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Anyway, if prosecutors do what

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September 4, 2010

A litigation attorney is most simply an attorney who specializes in litigation. Litigation is basically just a fancy legal term for the practice of carrying a lawsuit through the court process. While some attorneys prefer to handle settlements and some lawyers practice criminal law, for the most part, litigation attorneys focus exclusively on lawsuits. After all, lawsuits are what litigation is all about.

The Different Types Of Litigation Practices Are Practically Unlimited.

Just as the different types of injuries, remedies, and legal issues cover an immensely endless variety of situations, the same goes for litigation – the different kinds of legal cases where litigation is practiced are practically unlimited. While one litigation attorney might focus on one specialty or niche type of litigation, other litigation attorneys will practice more generalized litigation, covering all kinds of lawsuits.

Litigation Attorneys Usually Cover Personal Injury Cases.

Because major personal or toxic injury cases, such as those involving benzene exposure or other workplace hazards, are so incredibly complex, a litigation attorney or even a team of litigation attorneys usually cover such large lawsuits. A general practice attorney, like the one you might turn to in order to update a will or fight a traffic ticket, just doesn’t have the experience or level of specialization needed when it comes to major lawsuits like an expert litigation attorney will. Practicing law is not a one size fits all endeavor – there are simply different attorneys for different situations.

Litigation Is Often Very Detail Oriented.

It’s not unusual for a litigation attorney to file suit against dozens of companies or parties just as a part of one single legal case. Litigation is often extremely detail oriented. Because of this, it’s normal for litigation attorneys to have a team of co-attorneys and many qualified non-attorney staff members too, especially when trying a large scale lawsuit. Because of the sheer complexity and expense involved, this type of litigation is most often reserved for only the biggest legal cases. It’s not unusual for the smaller legal cases to be settled out of court.

Litigation Takes A Long Period Of Time.

Very rarely does the litigation process go quickly. It’s not that litigation attorneys don’t want to expedite the process as much as possible – it’s just that there are an unbelievable number of details and legal procedures that have to be followed in any type of litigation. Court systems and their rules also introduce their own level of bureaucracy that only extends the amount of time needed for litigation attorneys to cover all the bases necessary.

Again, litigation is a very complicated process. While it Can perform a simple appeal to the court by attorneys experienced actions that are just cases!

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Utah Attorney Dui.

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September 4, 2010

Utah DUI Law

Driving under the influence of alcohol and drugs is against the law in the state of Utah. Because DUI is a criminal offense, you will be charged and tried in a court of law. If convicted, you face harsh penalties such as jail time, fines, and the loss of your driving privileges. You will also face administrative actions involving the validity of your driver’s license. Because all of these consequences have the potential to negatively impact your life, it is important that you contact a Utah DUI attorney immediately following your arrest for driving under the influence. While a Utah DUI lawyer cannot guarantee that he or she can win your case, having the benefit of specialized legal counsel can give you the best chance for doing so.

Utah DUI Arrest and Prosecution

When you are arrested for driving under the influence, you are given a notice that directs you to appear in a court of law. This court appearance is known as the arraignment and is a good time to have a Utah DUI attorney with you to help you feel more at ease and give you a better understanding of what will happen throughout the criminal proceedings. At your arraignment, you will be able to enter a please. Most people using the services of a Utah DUI attorney plead not guilty and schedule their cases for pre-trial conferences. If your attorney has a different strategy, the arraignment may be continued without you entering any plea as to your guilt or innocence. Choosing an action will depend on your Utah DUI lawyer and the strategy he or she plans to use. If you need more time to gather information, the action you take at the arraignment will be important so you can be granted more time. If you submitted to chemical testing, your Utah DUI attorney may get a court order to have the sample you produced split so it can be tested by an independent facility. This will allow your attorney to have the sample tested for a number of different things and determine how valid the sample is. This is an important part of preparing for your criminal trial.

After your arraignment, your case will progress to a pretrial conference. This will give you and your attorney the chance to meet with the prosecutor in your case, review settlement possibilities, and consider any plea bargain offers the prosecutor may extend. Because the courts often have many cases to deal with, you may have more than one pretrial conference. Your attorney’s strategy may include having several pretrial conferences to buy more time to investigate your case and gather evidence. Your attorney may also file several motions for the judge to order a specific action. You may try to suppress the evidence in the case or compel the prosecutor to turn over any additional information that will be used in your case. If the prosecutor in your case offers a plea bargain, your attorney must inform you about the plea bargain and let you know the benefits and drawbacks of accepting. If you accept a plea bargain, your case will end with you having to comply with all of the conditions of the plea bargain.

If you do not accept the please bargain, your trial will proceed and the prosecutor will try to prove your guilt. You may be prosecuted in one of two ways. One is where the prosecutor tries to prove your guilt by showing that you were under the influence of alcohol and drugs and that these influence impaired you to a level where you could not safely operate your vehicle. The other is by showing that your blood alcohol concentration level was 0.08% or greater as shown by a chemical test. If the prosecutor is able to prove you are guilty and get a conviction, you will face criminal penalties.

Utah DUI Criminal Penalties

The penalties for a DUI conviction in Utah vary with the level of offense and any aggravating factors present.

The penalties for a first DUI offense may include:

o 48 hours in jail or 48 hours of house arrest

o $700 fine

o Alcohol education

o Supervised probation

o Ignition interlock device installation requirement

o 90 days to 2 years of license suspension

A first offense is a Class B misdemeanor unless specific circumstances exist. A first offense will be classified as a Class A misdemeanor if the DUI results in bodily injury, there is a passenger under the age of 16 in the vehicle, or the driver is under 21 and a passenger is under 18. If serious bodily injury is caused, it will be classified as a third degree felony. The penalties for a second offense may include:

o 240 hours in jail or under house arrest

o $800 fines

o Alcohol screening and assessment

o Supervised probation

o Ignition interlock device installation

A second offense is classified as a Class B misdemeanor but may be classified as a Class A misdemeanor if bodily injury is caused, there is a passenger under the age of 16 in the vehicle, or if the driver is over the age of 21 and there was a passenger in the vehicle under the age of 18. It will be considered a third degree felony if you have had a prior DUI conviction or serious bodily injury was caused. The penalties for a third offense may include:

o 1500 hours in jail or house arrest

o $1,500 fine

o Alcohol screening and education

o Supervised probation

o Ignition interlock device installation

If you have three or more offenses in 10 years, a third DUI offense is considered a third degree felony. Because the penalties for DUI are so severe, it is important that you have a Utah DUI attorney represent you if you want to have a chance at winning your case and moving on with your life.

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Search Court For your own safety.

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September 3, 2010

It’s important to find court records online especially if it’s your own.

Checking federal court records is now a breeze since anyone can now look them up electronically online any time of day or night. It use to be where an individual would need to visit the local police station to see any kind of records of anybody. You would need to have filled out paperwork and spend countless hours trying to find what you are looking for and not always being able to find the correct information or what it was you were looking for. Today looking up someone’s credentials online is as easy and as fast as could be, along with it being safe, secure and above all correct information.

Now that all of someone’s records are stored electronically it will make work related searches easier to accomplish if you are thinking of hiring someone for work inside of your own home like a cleaning position or a nanny position. You always want to make sure that if you are hiring someone to work out of your own home that you find someone who won’t steal from you or put your family in danger. Doing a background check for employees’ applying for your own small business is now easier as well because, again, all of someone’s information is easily accessible online.

For certain safety situations this can be useful. Let’s say a new neighbor moved in next to you and you feel as if they are acting suspicious then you can look up their records easily and give yourself some piece of mind. Or if you feel like you would like to try and establish a relationship with somebody you just met you can then see if they are honest or not about their life or if they are a safety risk to be around when you take them to meet family or if you take them into the privacy of your own home.

You are given the choice between local or state websites when you start your search on an individual to see if they are an honest person or not. The protection of your business and family is a serious matter and should not be taken lightly especially in this day and age. Keep in mind that if you are running a search on someone who has been moving around a lot in the past couple of months or years then you can still get accurate records. A lot of sights specialize in specific areas of someone’s life. For example you can look up specifically if someone has had any experience with criminal and federal court cases. It would be wise to start your Was then moved again if you need information about the person and feel of the document.

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Constitutional rights – the key to understanding and monitoring.

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September 2, 2010

Most people do not realize the significance of their rights and privileges under the United States Constitution, as well as under the Constitution of the State in which they reside or happen to be in at the time of being stopped by police. State Constitutions often provide greater personal protection than the Federal Constitution, but are required by law to provide, at minimum, the rights guaranteed under the Federal Constitution.

Most importantly, we are all obligated to stop and comply with police requests for identification, or risk arrest for resisting arrest or interfering with a police officer’s duty. However, beyond that, the Constitution protects our right to remain silent and not be compelled to provide evidence against ourselves, our right to request an attorney before police questioning, and our right to be free from warrantless searches by law enforcement officers.

Many people think that by being cooperative with police beyond providing identification is the right thing to do. However, in my 25 years of experience as a criminal defense attorney, this has always proven to be the worst thing you can do because the police will always use any evidence obtained through your cooperation against you and will always file a case against you through the local, county or state prosecutors’ office.

Police are required to give a person “Miranda warnings” before interrogating them in a custodial situation. This means that police must advise an arrestee that: 1) you have the right to an attorney; 2) if you cannot afford an attorney, an attorney can be appointed to represent you; and 3) anything you say can and will be used against you in a court of law. A big issue in this situation is determining at what point an individual is considered to be in custody for legal purposes of necessitating that the police “Mirandize” you.

Technically, any time you are stopped by police and not free to leave, you are considered in police custody. You should always assert your constitutional rights and privileges when stopped by the police and request an attorney. If you do not do this, and you voluntarily provide information to the police (and sometimes just knowledge of criminal activity is deemed criminal), your attorney will have a very difficult time defending you against charges that otherwise might not have been proven, but for your own incriminating statement against yourself. Although it is sometimes possible to suppress a statement on grounds of undue coercion and police misconduct (often related to time in custody, deprivation of food, medication, health issues and toilet privileges), this is much harder to prove in court that a constitutional violation of Miranda rights–which means either failing to warn when you were clearly a criminal suspect and it was clear from the circumstances that they were arresting you and taking you into custody.

Additionally, permitting the police to search your car, home or personal belongings without a search warrant is deemed a consensual search, which results in legalizing any contraband or evidence found by the police to be used to prove that you committed a crime. If you do not consent to a search, even if the police threaten that they will just go get a warrant and wait with you until a warrant is issued, or even if the police state that you did consent when you did not, your attorney may be able to suppress the evidence by a pre-trial motion based on the grounds that the search was unconstitutional, the warrant was not properly issued, and any resulting evidence or witness statements should also be suppressed because of the initial constitutional violation (the latter ground is called the “fruit of the poisonous tree” doctrine).

If you are arrested and taken into custody, whether you assert or waive your Constitutional rights and privileges, after booking you, the police are required to permit you to make a telephone call. You can call a family member who can contact an attorney and bail bondsman for you. Make sure you advise them what police agency arrested you, and what police station you are in so they will be able to locate you to help you get out of jail by posting any required bail or bond. If bail is an issue, all jails are required to post instructions and phone numbers to determine if you are eligible for what is called “OR” release, which means to be released on your own recognizance, without the requirement of posting bail, and on your own promise to appear.

Being aware of these most basic Constitutional rights and privileges, which are guaranteed to every United States citizen, and knowing that you have the freedom in this country to exercise them when you are stopped by the police, is extremely important to your ability to defend yourself against any criminal charges that may be brought against you. While you may not legally be able to resist being stopped or arrested and taken into custody by the police in the first place, if you refuse to answer police questions beyond identification issues, if you request an attorney and if you refuse to permit the police to conduct a warrantless search of your property, you will make it much easier for your attorney to represent you in the event criminal charges are brought against you.

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