FAQ | Law Office of John R. Fielding, Jr. & Associates

Frequently Asked Questions

We know that, when a person is charged with a crime, the combination of fear, uncertainty and anxiety can make a stressful situation even worse. We know you have questions, and we have answers. We've collected some of the most common questions here for review in the hope that our visitors will find this information useful.

What are my rights?

You have the right not to incriminate yourself, which is also known as the right to remain silent. You have the right to be free of unreasonable search and seizure. You have the right to a defense attorney. It's important to note, however, that in driving under the influence of alcohol or drugs cases, your right to an attorney does not necessarily arise at the time you decide to take or refuse a breathalyzer or blood test.

You also have the right to be advised by police about these rights, commonly called your Miranda Rights.

When can the police conduct a search of my property?

There are rules and regulations that surround police searches. The police can search your home, property, car or financial records if they have probable cause to believe that they'll find evidence of a crime. In most cases, they may search only after obtaining a search warrant. Their request for a search warrant is submitted to a judge and must be supported by a sworn affidavit of facts. If the judge finds that the police have met the legal requirements for a search warrant, he or she authorizes the search. When the search warrant is executed, a copy of the warrant must be given to the owner or occupant of the property and to the custodian of any records seized. An inventory of what was seized pursuant to the search must be provided.

In some situations, law enforcement personnel may conduct a search without a warrant. If, for example, a potential piece of evidence is in "plain view" or an individual "consents" to a search of his or her person, property or residence, a warrant is not required. Most law enforcement personnel are expert at obtaining consent for searches from people unfamiliar with the law. It is very important that people faced with the possibility of a police search know that they have the absolute right to refuse to consent to such a search. Absent justifying circumstances, a warrantless search is illegal and the "fruits" of such a search may be suppressed.

A skilled criminal defense attorney can assess the facts of your case as they relate to the requirements of the laws governing search and seizure.

When do police have to read me my rights?

If you are a suspect, the police are required to read you your Miranda rights before conducting a "custodial interrogation." The question of what constitutes a "custodial interrogation" has been the subject of many court cases, and is more complicated than you might expect. Clearly, not all discussion between the police and a suspect is "interrogation." On the other hand, a police officer may be found to have interrogated a suspect in custody even without asking direct questions. In every case, a person suspected of criminal conduct should be careful to avoid any exchange with the police that is in any way related to alleged criminal conduct. It is always advisable for a suspect to seek legal advice before any discussion with law enforcement personnel.

What happens if the police don't read me my rights?

Many people think that if the police don't read them their rights, the charges are dismissed. This is usually not the case. However, if a suspect is interrogated in custody without being properly informed of his or her rights, a statement made by the suspect may be excluded as evidence. Additionally, any evidence that wouldn't have been discovered without the original statement may be inadmissible as evidence. The suppression of evidence will often lead to a dismissal of charges.