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Do I have to let the police search my house or car?
In most situations the police need either your consent or a search warrant to enter your house. Obtaining a search warrant is a hassle for police officers so they are more likely to ask for your consent to simplify the process. But you are not obligated to say yes. Searching motor vehicles are conducted on a different manner. Usually the police will be able to search your car if you are being arrested but not allowed to search your car if stopped for speeding or other minor traffic violations. If you consent to a search, any items found will likely be used against you, even if they had no legal right to search. Without your consent, private investigators and detectives cannot search your car or home. If you have been arrested for a crime call (916) 441-4888 to speak with a criminal lawyer Sacramento about your case, consultation is free.
Can the police lie to me when questioning me about a case?
Surprisingly, yes. The police are allowed to tell you a lie in attempt to get you to incriminate yourself. One of the most common lies is to say they have witnesses or other evidence when they don’t or to tell someone that their accomplices have already confessed so they should as well.If you have been arrested for a crime call (916) 441-4888 to speak with a criminal lawyer Sacramento about your case, consultation is free.
What does the police do to get me to confess?
The police frequently use what is called a “pretext phone call” to try to get a confession over the phone. This is when the alleged victim calls you and asks you to apologize. If this occurs, it does not necessarily mean the police are behind it, but it is highly probable. These types of phone calls usually occurs in alleged sexual assaults and consists of the alleged victim calling the alleged perpetrator and asking him to apologize or explain why he did something. Most of these phone calls are recorded and forwarded to the district attorney. If you have been arrested for a crime call (916) 441-4888 to speak with a criminal lawyer Sacramento about your case, consultation is free.
Can a polygraph test be used in criminal proceedings?
A polygraph judges several different types of physical or psychological reactions to a question such as an increase of the heartbeat, blood pressure and sweating. The theory behind it is that people have certain involuntary reactions to certain questions and answers. Based on these criteria, polygraph experts will formulate a conclusion on whether the person was being truthful or not. Regarding criminal proceedings, American courts have generally not allowed the admission of polygraph tests because they do not meet the Frye test. The Frye test is based on a Supreme Court ruling that said in order for scientific evidence to be admissible, it had to meet certain scientific criteria and the polygraph does not meet it. If you have been arrested for a crime call (916) 441-4888 to speak with a criminal lawyer Sacramento about your case, consultation is free.
Can my silence be used against me?
Because of the 5th and 6th Amendments, Miranda guarantees that each and every defendant has the right to remain silent. Therefore, your choice of remaining silent cannot be used against you. The Miranda rights stay with you from the time you are arrested until the time the jury deliberates your case. If you have been arrested for a crime call (916) 441-4888 to speak with a criminal lawyer Sacramento about your case, consultation is free.
How can I avoid an arrest?
The first way to avoid an arrest is through your attitude and demeanor. You want to refrain from being cocky, snappy, or argumentative. You want to make sure you cooperate and interact with the police officer in a non-confrontational way so you can speed along through the questions. The second way to avoid an arrest is to understand your rights. Under the fourth amendment, law enforcement must have either probable cause or a search warrant in order to conduct a search on your vehicle or car. If they do not have a search warrant or probable cause, you have the right to say no to their search. Lastly, understand the importance of Miranda rights. You do not want to talk yourself into an arrest. You have the right to choose not to answer any questions and ask for an attorney. Do not become belligerent or argumentative and talk yourself into an arrest. If you have been arrested for a crime call (916) 441-4888 to speak with a criminal lawyer Sacramento about your case, consultation is free.
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Law Office of Wing & Parisi
Sacramento DUI & Criminal Defense Attorneys
917 G Street
Sacramento, CA 95814, USA
The Law Office of Wing & Parisi serves clients in the Sacramento and Davis communities as well as throughout
Placer County and San Joaquin County. Hablamos espanol.
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If you have been arrested and charged with a crime, contact the Law Office of Wing & Parisi for free consultation.