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...
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 police question me in an ambulance without Miranda warnings?
In general, police may ask questions in an ambulance without first giving Miranda warnings if you are not yet in custodial interrogation. Miranda warnings are usually required only when a person is both in custody and be...
Can I Sue for Wrongful Detention After Being Held Without Arrest?
In Utah, a person who is held without being formally arrested may sometimes have a civil claim depending on what happened, who did it, and whether the detention was legally justified. In general, the key issue is not onl...
How do I know whether Miranda applies to roadside DUI questions?
In general, Miranda warnings are required before police ask questions only when a person is in custody and being interrogated. For roadside DUI stops, that means the key question is usually not simply whether an officer...
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 challenge a DUI if the officer’s body camera was not working?
If an officer’s body camera was not working, that may make a DUI case harder for the government to prove, but it does not automatically defeat the charge. In Vermont, as in many states, a missing recording is only one pa...
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...
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...
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...