Criminal Defense & DUI
Browse published legal information questions related to Criminal Defense & DUI.
Do I have to delete a recording if I later realize I did not get proper consent?
In Florida, the answer depends on what was recorded, how the recording was made, and what “proper consent” means in the specific situation. In general, Florida is a state where recording private communications can raise...
How do I handle child support when one child lives with me and one lives with the other parent?
When each parent has one child living with them, people often call that a split-custody or divided-custody situation. In general, child support in Georgia may still be ordered even when parenting time is shared in this w...
What happens if I violated probation after a DUI by missing a treatment class?
If you are on DUI probation in Delaware and miss a required treatment class, that may be treated as a probation violation. In general, probation conditions are court orders, so missing treatment can be viewed as not foll...
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...
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 happens if I was questioned by federal agents and never heard the Miranda warning?
If federal agents questioned you and you never heard a Miranda warning, that does not automatically mean the government did something unlawful or that any statement is automatically thrown out. In general, Miranda warnin...
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 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 sue a business if I found a hidden camera in a restroom stall?
If you found a hidden camera in a restroom stall, there may be civil legal claims against the business, the person who installed the camera, or both, depending on the facts. In Virginia, as in many states, a restroom is...
How do I know whether a public sidewalk conversation is private enough for Penal Code 632?
In California, the answer usually depends on whether the conversation was carried on in a way that a reasonable person would expect it to be confidential. A public sidewalk is a public place, so that setting often makes...
Is it legal for someone to post my mugshot and falsely say I was convicted?
In Kentucky, posting someone’s mugshot and falsely saying they were convicted may raise legal issues, but the answer depends on the facts and the exact words used. In general, false statements that harm a person’s reputa...
What are my rights if someone keeps leaving notes on my windshield saying they are watching me?
If someone keeps leaving notes on your windshield saying they are watching you, that can be frightening and may be legally significant. In general, you may have rights related to unwanted contact, harassment, stalking, t...
Can I record a threatening phone call if I am afraid the person will deny it later?
In Massachusetts, the answer usually depends on whether recording the call would comply with state and federal privacy laws. Massachusetts is generally considered a two-party consent state, which means it is often illega...
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...
Is it legal for police to arrest me without saying Miranda warnings first?
Yes, in general, police can arrest you without first reading Miranda warnings. Miranda warnings are not usually required before an arrest itself. They are generally required only before a person is subjected to custodial...