6 Reasons Why You Shouldn’t Talk to Police without an Attorney

info@utahwebdesignpros.com — Mon, 11 Jan 2021 20:08:25 +0000

The Fifth Amendment to the United States Constitution prevents any person from being forced to be a witness against themselves in a criminal case. We’ve all heard it before, “You have the right to remain silent.” It’s a fact. However, you will need to provide your name. You do not have to answer questions as to where you came from, where you’re going, what you’re doing, where you live, or even whether you’re a U.S. citizen.

We encourage you to remain as calm as possible. State that you are going to exercise your right to silence. After which, you should politely ask for an attorney before answering further questions.

This can be a challenge for some people, as they think staying quiet and not answering questions can make them seem guilty, even if they have done nothing wrong. Police can be intimidating, especially in encounters such as these, where they can cause all sorts of anxiety; most people will talk to get out of this uncomfortable situation.

Here are some reasons why you should not talk to the police without an attorney’s presence:

You won’t make matters better: You will not talk your way out of an arrest an officer wants to make. All you might do is give them more ammunition against you.
You might make a mistake: Interrogations can be quite stressful. The more stressed you are, the higher the likelihood of you saying something that can be quickly twisted against you.
A lie could result in a conviction: Lying to a police officer can result in a misdemeanor and put you in a worse position. Maybe even guaranteeing a felony charge.
The police officer may forget: Can you be so sure that your side of the interrogation is being correctly recorded? If there’s no proper documentation, how certain would you be that the police officer will recall any detail you may have said?
You may be getting tricked: Coercion still is a significant problem in police interrogations. It’s hard to keep your composure when reacting to the interrogation. Even to this day, people confess to crimes that they did not commit. This should put in perspective how harsh and dismissive to compelling evidence cops are. Studies show how most false witnesses are due to the intense pressure they undergo in police interrogations.
There’s no need to rush: You should never feel in a rush when discussing things with the police. Again, we compel you to remain silent. If at any point you should feel the rush to talk to an attorney, who can advise if it’s a good idea to offer a statement.

Have you been Arrested for a DUI During COVID?

info@utahwebdesignpros.com — Sat, 11 Jul 2020 17:42:54 +0000

We wondered what would happen if someone got arrested for a DUI in Utah during the COVID-19 emergency. With courts shutting down, it may be scary to be arrested and find yourself in jail indefinitely. It may be scary to think if you may be exposed to coronavirus while residing in your cell for so long. There is not much information out there, and the courts are nearly impossible to reach at this time.
The situation was clarified somewhat by the Utah Supreme Court when it issued an emergency order, ordering all state courts to cease most court hearings and instead to do necessary hearings remotely by telephone and video unless impossible.
Happily, there is some relief for those arrested for DUI in this crisis. The Utah Supreme Court took into account the uncomfortable reality that is people still being detained during this time and created a new process to keep as many people out of jail as possible. Here is how it works:
When you or someone you know is cited with a DUI, the arresting officer may either put the DUI driver in jail pending a hearing or let them go home, pending a hearing. What happens next in your Utah DUI case depends on what the officer did as far as this decision.
If the officer lets the DUI driver go home after his or her arrest for driving under the influence, the driver’s arraignment or first appearance may be deferred until a date 45 days after the filing of charges. The court may still do the hearing before that by phone or video, but the driver should not physically walk into a courthouse before then. Each court is different, so an attorney should be contacted right away to determine what to do.
Suppose the officer takes the driver into custody after the arrest for driving under the influence. In that case, the court will hold the driver’s arraignment or first appearance the next normal court day after the arrest, usually a weekday, except in Salt Lake City, where there is often Saturday court. At attorney should still be contacted immediately to argue to get the driver out of jail. A skilled Salt Lake City DUI attorney can argue that the courts have been ordered to consider the current Covid-19 emergency to be a factor that favors the release of the driver from jail. This is especially so if the driver is part of a vulnerable or high-risk group, as defined by the Centers for Disease Control.
Please also remember, and this is important, that the Utah Division of Motor Vehicles (DMV) only gives a driver seven days to request a hearing regarding the suspension of their driver’s license after a DUI arrest. For this reason, it is imperative to contact a Salt Lake City DUI attorney immediately upon arrest or release from jail.
If you are unsure of your Utah DUI arrest status, call our experienced legal team today, and we will help guide you through the process during these confusing times. Call us, and we will be there for you.

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6 Reasons Why You Shouldn’t Talk to Police without an Attorney

Have you been Arrested for a DUI During COVID?