The US Constitution

The US Constitution, the Bill of Rights and the other Constitutional Amendments, limit the scope of the government's power. It defines your rights under the law. Many of these Constitutional Rights provide protection to criminal defendants in the criminal justice system. The US Supreme Court has also ruled that under the Fourteenth Amendment, any rights that a defendant has in federal courts are to be enjoyed in state courts where most of criminal matters are resolved. As a person suspected of committing a crime, it is important that you understand these rights or retain an attorney who does. The State will not tell you what rights you have, so if you give away, for instance, your right to remain silent or consent to an illegal search and seizure, the Courts have ruled that because you consented, the search is considered legal and any evidence of a crime or what you said to the police can be used against you.

Understand Your Constitutional Rights
The police will want you to waive your rights because it makes it easier for them when conducting an investigation. Sometimes, in order to conduct an illegal search and obtain your consent, they will tell you that they will get a warrant if you don’t let them search now. Or they will tell you that they will go easier on you if you give them the information they want now. The police are highly trained to get the information they seek and sometimes will stretch the truth in order to achieve their aims. And pleading ignorance of your rights will get you nowhere. Just because you did not know your rights or the police misinformed you of your rights, if you waive those rights, you can not get them back. Keep your mouth shut except to ask for a lawyer. And asking will bot be held against you or an admission you did something wrong. It is an admission that you need experienced help.

Tell the Police You Want to Consult with an Attorney
Before you talk to the police, make sure you have consulted with an attorney who understands the law and the Constitution. Remember you can always refuse to speak to the police or let them into your home without a warrant. And once you tell the police that you want to consult with an attorney before answering any questions, the police, under current law, must stop questioning you.


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Schmierlaw is a Criminal Defense and Drunk Driving/ DUI legal firm providing representation in Wayne County, Oakland County, Macomb County and throughout Michigan including these Michigan cities:

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Law Office of James G. Schmier, PLLC
2222 Attard Street, Birmingham, Michigan 48009
Tel: (248) 705-3742     FAX: (248) 540-0044    Email: jschmier@schmierlaw.com