Criminal Defense & DUI
Browse published legal information questions related to Criminal Defense & DUI.
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...
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...
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 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...
What happens if a police officer gave me a ticket after the crash but I think the other driver caused it?
In Connecticut, getting a ticket after a crash does not necessarily mean you were the one who caused the collision. A police officer may issue a ticket based on what the officer observed at the scene, witness statements,...
How do I know whether a conversation counts as confidential under California Penal Code 632?
Under California Penal Code 632, whether a conversation counts as confidential usually depends on the setting, the participants, and whether anyone involved reasonably expected privacy. In general, the law is aimed at pr...
What happens if I confessed before the officer told me I had the right to remain silent?
In general, a confession made before a police officer gives Miranda warnings is not automatically thrown out. The most important question is usually whether you were in custody and being interrogated at the time you spok...
What happens if I accidentally captured audio of a private conversation on my dashcam?
If your dashcam accidentally recorded a private conversation in California, the legal consequences can depend on the facts, especially how the recording happened, who was being recorded, and whether anyone had a reasonab...
Do I have to clearly say I want to remain silent for questioning to stop?
In general, yes: if you want police questioning to stop, you usually need to clearly and unambiguously say that you want to remain silent. Simply staying quiet, looking away, or refusing to answer some questions may not...
Is it legal for police to question me before Miranda if they say it was for public safety?
In general, police may be allowed to ask questions before giving Miranda warnings if they are trying to address an immediate public safety concern. This is often called the “public safety” exception. It is usually discus...
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...