Don't Be Your Own Worst Enemy | Attorneys for Freedom Law Firm

Don’t Be Your Own Worst Enemy

Attorney Marc J. Victor

I cringe to think how many times clients come into my office to discuss their criminal matter with me only to learn they have done possibly irreparable damage to their case. I have found few people who are aware of their constitutional rights.

Your awareness of some simple concepts may serve you well in the event you or a loved one is the unfortunate subject of a criminal investigation. First of all, always remember, you are not required to talk to the police. There may be occasions where your persuasive oral skills will serve to get you a stern warning instead of a costly ticket; however, talking with the police will rarely benefit you when the investigation is for a crime.

In addition, talking to friends and family about your criminal matter is usually not a good idea either. Although you do not expect a friend or family member to compromise your case, you may put him or her in an unfair position. A prosecutor may summon your family member or friend to the witness stand in a criminal trial and ask questions about your statements. Such a dilemma will force your family member or friend to decide between perjury and possibly hurting your case.

Don’t get caught up by the fact that the police officer failed to inform you of your “Miranda Rights.” These are your rights to remain silent and to have an attorney present during questioning. So long as you are not under “arrest” the police officer may properly ask you questions without informing you of these rights.

You are never required to consent to a search. If a police officer has a search warrant, you must permit the search. However, if a search warrant has not yet been obtained, you should insist the officer obtain one before you voluntarily allow a search. The fact that you insist upon a search warrant does not mean you have something to hide. Rather, it is a confirmation of the constitutional concept that police do not have the right to arbitrarily conduct searches of your property.

A police officer has no right to detain you unless there exists reasonable suspicion that you committed a crime or traffic violation. However, a police officer is always allowed to initiate a voluntary conversation with you. Sometimes it is unclear whether or not a person is detained. If you are in doubt, you should ask the police officer if you are in fact free to leave.

If you are arrested, Arizona law mandates that you will be brought before a judge within twenty-four hours. This is an important hearing for you. The judge will decide what conditions, if any, must be met before you can be released from jail. You have a right to retain an attorney for this hearing to argue for your release.

Regarding the crime of driving under the influence of alcohol, the best advice is to have a designated driver. However, if you are the subject of a DUI investigation, you must be especially careful and thoughtful about what you say and do. In Arizona, a conviction for DUI guarantees a jail term.

Arizona law does not require you to submit to roadside field sobriety tests. Although these tests may assist you to convince an officer you are not intoxicated, as a general rule, refusing to take the tests is the better choice. Keep in mind, it is the police officer who subjectively decides whether you passed or failed the tests.

Deciding whether to submit to a blood, breath, or urine test is a different matter altogether. If you refuse one of these tests, you will lose your driver’s license for one year. You should consult an attorney before deciding to refuse or submit to one of these tests.

DUI is a complex and continually changing area of criminal law. However, like other criminal charges, the decisions you make during your initial contact with a police officer can be the difference between conviction and acquittal.

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Attorney Marc J. Victor

erc W.
erc W.
1694712683
Hello there, I've been on the AOR program since Aug 2022, and this is the second time I had to use... them to help me another OOP against me. My attorney Rachel Moss help me both times and we successfully had then both dismissed. Thank you very much Rachel and the rest of the staff that helped me again. I would highly recommend getting on there AOR program it's worth every penny. Thanks again, Attorneys for freedom.read more
elyxadra R.
elyxadra R.
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Andy L.
Andy L.
1694032295
Marc and his team helped me a few times now with legal ATF issues. Timely and absolutely know what... they are doing when it comes to protecting you and your rights. I will continue to use Marc again and I wouldn't hesitate to recommend them in the slightest. Trust Marc like I did and you will be happy with the results and outcome.read more
Cobe Bourbon (.
Cobe Bourbon (.
1693527526
Andy and Brittany did a fantastic job! I couldn't have asked for a more caring and understanding... legal team. Everyone at the office was always a pleasure to work with. Their kindness really helped me through one of the hardest times in my life.read more
mark W.
mark W.
1693257911
Rachel was excellent, explained our options and negotiated with the prosecutor, secured a result,... which on the day the judge signed off on, that was exactly what we had hoped for. The whole team communicated throughout the process. At no stage did I feel unconnected. Worried for sure, but cometh the day, cometh the lady Rachel. Would I use Rachel and the team in the future, for sure yes, but I do not expect to be in that position again. If you choose this team an confident you will not regret it.read more
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