Criminal Defense & DUI
Browse published legal information questions related to Criminal Defense & DUI.
How do I get a statement suppressed because Miranda warnings were not given?
In general, a statement may be suppressed if it was obtained during a custodial interrogation and the police did not give Miranda warnings before asking questions. In Massachusetts, as in other states, the key issues are...
What are my rights if I was questioned at home and not read Miranda warnings?
If you were questioned at home and not read Miranda warnings, that does not automatically mean the police did something unlawful, and it does not automatically get the questioning thrown out. In general, Miranda warnings...
Can I Press Charges for Fake Evidence and Reputation Damage in Georgia?
In Georgia, the answer usually depends on what happened, who made the fake evidence, and how it was used. In general, a private person does not personally “press charges.” Criminal charges are usually handled by law enfo...
Can I travel internationally with a DUI on my record?
In general, a DUI on your record does not automatically stop you from traveling internationally. Many people with a DUI are still able to leave the United States and enter other countries, but the exact result depends on...
What are my rights if police searched my car after a DUI stop in Tennessee?
In Tennessee, your rights after a car search during a DUI stop usually depend on why the stop happened, how the search started, and whether the officer had a lawful basis to search. In general, police may stop a vehicle...
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...
What are my rights if police say the damage is over $1,000 but the shop estimate is only $650?
In Minnesota, the difference between a police statement that damage is over $1,000 and a shop estimate of $650 may matter a lot, but it does not automatically decide the legal issue. In general, police reports, witness s...
Is it legal for a DUI checkpoint to stop every car on the road?
In general, a DUI checkpoint may lawfully stop every car passing through the checkpoint if the stops are carried out under a neutral, predetermined plan. In Nevada, as in many states, the legality of a checkpoint usually...
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...
Is it legal for police to keep my driver’s license after a DUI arrest?
In Kentucky, police may sometimes take and keep a driver’s license after a DUI arrest, but the answer depends on what happened during the stop, the arrest, and any paperwork the officer issues. In general, officers can s...
What happens if someone records a confidential conversation and posts a clip online?
In California, recording a confidential conversation and then posting a clip online can raise serious legal issues, but what happens depends heavily on the facts. The main questions usually are whether the conversation w...
Can police use my silence against me after I asked for a lawyer?
In general, once a person clearly asks for a lawyer during a custodial police questioning, police must usually stop questioning until counsel is present or the person reinitiates the conversation. But what happens next c...
Is it legal to record a conversation in a busy restaurant if the other person did not consent?
In California, the answer is often no if you are secretly recording a confidential conversation and the other person did not consent. California is generally considered a two-party consent state for confidential communic...
Do I have to give the insurance company access to my mental health records?
In general, an insurance company does not automatically get unlimited access to your mental health records just because you make a claim. Whether you have to share them usually depends on the type of insurance, what you...
What happens if I was hit while riding my bicycle and the driver says I crossed too late?
In New Hampshire, a driver’s claim that you “crossed too late” does not automatically decide fault after a bicycle crash. In general, fault in a bicycle-versus-car collision depends on the full facts, including where the...