Criminal Defense & DUI
Browse published legal information questions related to Criminal Defense & DUI.
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...
Is it legal for police in Alabama to search my car during a traffic stop without consent?
In Alabama, police may sometimes search a car during a traffic stop without your consent, but not in every situation. In general, the U.S. Constitution limits searches and seizures, and police usually need either your co...
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...
What happens if I stayed silent but did not say I was invoking my rights?
In general, staying silent during police questioning does not always mean the same thing as clearly invoking your right to remain silent. Under U.S. law, the effect of silence can depend on the context, what the police a...
Can I be charged under Minnesota Statutes Section 609.595 if I keyed someone’s car and the repair estimate is $900?
In Minnesota, keying someone’s car can potentially lead to criminal charges because damaging another person’s property may be prosecuted under the state’s criminal damage to property laws. Whether Minnesota Statutes Sect...
How do I fight a DUI if the officer did not observe me for 15 minutes before the breath test?
In Iowa, a missing 15-minute observation period before a breath test may matter, but it does not automatically dismiss a DUI charge. In general, the observation period is intended to help reduce the chance that a breath...
What happens if a payday loan company pulls money from my bank account after I revoked authorization?
In general, if a payday loan company keeps taking money from your bank account after you revoked authorization, that may raise consumer law and banking issues. In Nevada, as in many states, the exact consequences can dep...
What are my rights if I was intoxicated when I waived Miranda?
If you were intoxicated when you waived your Miranda rights, that does not automatically mean the waiver was invalid. In general, courts look at whether the waiver was knowing, voluntary, and intelligent under the total...
How do I get a subpoena for records from a social media platform?
In general, getting records from a social media platform usually involves a subpoena, but the exact process depends on the type of records you want, the platform’s policies, and the court rules that apply in your New Mex...
What happens if I waived my Miranda rights because I felt pressured?
If you waived your Miranda rights because you felt pressured, the most important question is whether the waiver was actually voluntary, knowing, and intelligent under the law. In general, a court may look at the total ci...
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...
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...
What happens if someone violates a restraining order issued by an Alabama court?
If someone violates a restraining order issued by an Alabama court, the person who sought the order may be able to ask the court to enforce it. In general, a violation can lead to serious court consequences, and the resp...
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...
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...