The Answer You Need In Criminal Defense
If you are in legal trouble, you will have questions. Unless you are a legal expert, there will be aspects of the criminal justice process that you don’t know thoroughly, and that’s OK.
At Sumrall & Welch, PLLC, we can provide the experience and knowledge you need. We have decades of experience defending clients against all types of criminal cases in Jackson and throughout Mississippi. We have built a track record of successful criminal defense cases. Check out the questions and answers below and reach out to us to get the strong criminal defense you need.
The Arresting Officer Did Not Read Me My Rights. Does That Mean We Can Get The Case Thrown Out?
We have all seen the police reading the Miranda rights on television: “You have the right to remain silent,” etc. While there are situations in which the police must read these rights, there are also arrest situations in which the police are not under the same requirement.
The right to remain silent always exists in every interaction with the police. However, the requirement for the police to read that warning only applies when there is a custodial investigation. When you are in formal custody, the police have to read you your Miranda rights; if you are merely being questioned and not brought under official custody, the Miranda requirement does not apply.
Can I Hire A Criminal Defense Lawyer Before I am Arrested Or Indicted?
Yes. Technically you are free to hire a lawyer whenever you want, and in many cases, it is helpful to have a lawyer involved before you are arrested. If you have reason to believe that you are being investigated by the police or that you might be arrested, call an attorney right away.
However, if you are planning to commit a crime or are in the process of committing a crime, DO NOT talk to a lawyer about that. The best thing to do is to change your course of action immediately and get out of the situation. In terms of telling your attorney: Most attorney-client conversations are privileged, meaning the lawyer cannot be compelled to tell the court what you’ve said. However, there is an exception to this privilege in cases of current or future crimes. When you share these with your attorney, he or she can be forced to disclose your communication in court.
Is It Legal For The Police To Conduct A Search Without A Warrant?
In general, the person and property of any citizen are protected against search and seizure without a warrant. But if the officer asks if they can search your home and you say “yes,” then you have consented to a warrantless search, making the search legal. Cases of emergency also allow for searches. the police can also search your person and close surroundings as part of an arrest. Finally, if some kind of incriminating evidence is sitting out in plain view, the police can certainly use that as evidence against you in your criminal trial, without violating and search and seizure restrictions.
Do I Need A Lawyer For A First-Time DUI Charge?
Yes. Well, technically you don’t “need” a lawyer. You are free to defend yourself in court or go with the public defender. However, there is a lot at stake if you are facing criminal charges. If you need to protect yourself and your future, you should only work with an attorney who is experienced and knowledgeable and has a track record of success.