KNOW YOUR RIGHTS:
1. Your Right to remain silent
This applies if you are stopped by the police, arrested, and it even applies at trial. You cannot be forced to answer questions or testify. Your silence cannot be used against you. Nobody is allowed to presume you are innocent just because you remain silent. This is one of the most valuable rights that people throw away routinely if they are arrested. They think the police will change their mind if they talk, or they think they can tell a lie, or a half truth, and get away with it. Unlike television, this rarely works. The best thing you can do is remain silent until you have consulted an attorney, who can advise you on what you should say – if anything.
2. Your Right to have an Attorney
You have the right to an attorney at trial, and during all proceedings leading up to trial. Criminal law is one area you never should handle yourself. The right to an attorney is so important it is guaranteed to you by the U.S. Constitution. The Court will have to provide a lawyer for you if you cannot afford one. The court will look into your finances, assets and/or job situation to determine if you can afford an attorney or not.
3. You're innocent until prove guilty
The Prosecutor must prove your guilt. You do not have to prove your innocence. You are always presumed innocent until proven guilty at trial or until you plea guilty in court. They have a high burden (reasonable doubt) to prove you were intoxicated.
4. You have the Right to challenge the evidence against you
You have the right to a trial, and to challenge any evidence the government has against you. This includes challenging the manner in which evidence was gathered. The police must gather evidence legally. There is a lot of case law out there on what police can and cannot do when gathering evidence. You have the right to personally confront witnesses and question them on the witness stand. Of course, you should do this through an attorney.
5. You have the Right to present evidence on your behalf
Although you do not have to testify or present evidence at trial, you do have the right. You may even compel witnesses to be there for your defense. The court will force them to appear and answer questions. The Prosecutor is always forced to give your attorney evidence that may tend to show you did not commit the crime through a discovery legal mechanism. This is called exculpatory evidence and you can get a new trial if they fail to turn it over to your attorney if convicted.
6. You have the Right to plead NOT GUILTY!
7. Remember, just because you were arrested does not mean that you are convicted or guilty.
for a no-fee Consultation & Case Evaluation Analysis.
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We are located at
30300 Northwestern Highway
Farmington Hills, MI 48334
(Between 12 & 13 Mile Roads)
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