Criminal Defense & DUI
Browse published legal information questions related to Criminal Defense & DUI.
What happens if I recorded a roommate admitting they stole money but did not ask for consent first?
In California, recording a conversation without asking for consent first can raise serious legal issues, even if the other person appears to confess to theft. California is generally a two-party consent state for confide...
Can police use my answers if I was handcuffed but told I was not under arrest?
In general, yes, police may sometimes use your answers even if you were handcuffed and told you were not under arrest. The key question is usually not the handcuffs alone, but whether your statements were voluntary and w...
Do I have to get consent from every participant on a three-way call?
In Florida, the answer is usually yes if the call is being recorded or otherwise intercepted. Florida is generally treated as a two-party consent state for private communications, which means all participants whose conve...
What happens if someone edits a recorded conversation to make me look bad?
In California, an edited recording can create legal problems, but what happens depends heavily on the facts. A recording that has been cut, rearranged, or selectively presented may be challenged if the editing makes it m...
Is it legal for police to lie about evidence after reading me my rights?
In Nevada, as in many other states, police may sometimes use deception during an investigation or interrogation. Being read your rights does not automatically stop officers from using questioning tactics that may include...
How do I challenge statements made after hours of questioning without food or sleep?
If a statement was made after hours of questioning while a person was deprived of food or sleep, it may be possible to challenge whether the statement was voluntary. In criminal cases, courts usually look at the total ci...
What are my rights if detectives promised I could go home if I talked?
In Kansas, a detective’s promise that you could go home if you talked does not automatically make a statement invalid, but it can matter a lot. In general, courts look at whether your statement was made voluntarily and w...
How do I ask a judge to exclude a recording that was made without my consent?
In California, asking a judge to exclude a recording usually means asking the court not to admit it as evidence. That request is often made through a motion or objection, depending on the stage of the case and the type o...
How do I expunge a dismissed criminal charge from my Alabama record?
In Alabama, people often ask about “expunging” a dismissed criminal charge because they want the arrest or court record removed from public view. In general, expungement is a legal process that may allow certain Alabama...
How do I handle police asking me to come to the station for a voluntary interview?
If police ask you to come to the station for a “voluntary interview,” the most important thing to understand is that voluntary does not always feel optional in practice, even though you may not be under arrest. In genera...
Can I file for harassment if the person only threatened me once but the threat was serious?
In Washington, a single serious threat may sometimes be enough to support a harassment filing, depending on the exact words used, the surrounding facts, and whether the threat would reasonably make a person fearful for s...
Can I File a Police Report if My Neighbor Is Wearing My Stolen Sweater?
Yes, you usually can file a police report if you reasonably believe your sweater was stolen and you have information suggesting your neighbor may be in possession of it. In Texas, a police report is generally a way to re...
What are my rights if a debt collector threatens to arrest me over an unpaid payday loan?
If a debt collector threatens to arrest you over an unpaid payday loan, that is usually a serious red flag. In general, private debt collectors do not have the power to have you arrested just because you owe a debt. A th...
Do I have to sign a Miranda waiver form before talking to police?
In general, no. You usually do not have to sign a Miranda waiver form before speaking with police. A form is one way officers may try to document that you understood your rights and agreed to talk, but a signature is not...
Do I have to explain why I am invoking my right to remain silent?
In general, no. If you are in Mississippi and you are being questioned by law enforcement, you usually do not have to explain why you are choosing to remain silent. The purpose of the right to remain silent is to let you...