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Local Law Firms Home > Criminal Defense Overview > Criminal Defense FAQ's Q: Do I have to allow the police or any other type of law enforcement search my home or car? A: A: No. In most cases, law enforcement officials require either your permission or a search warrant to enter your home. Most police officers will request your permission to look in your home since it saves them a large amount of hassle and inconvenience in obtaining a search warrant. The adequacy of any search warrant can later be tested to determine if it was properly obtained. On the other hand, if you give permission, any problems in the process or evidence will usually not help your case and the search will probably be permitted. Cars, on the other hand, can almost always be searched when someone is being arrested, but this does not include during minor traffic violation stops, such as speeding. Q: Can law enforcement officials lie to me when questioning me about a crime? A: It is possible that a police officer might tell you anything they can to get you to admit to a crime or say anything at all that can incriminate yourself. For example, a cop may pretend that there are witnesses, photos/video, or other evidence that proves you had a hand in a criminal act. Q: The alleged victim in my case contacted me on the phone and requested that I apologize. Are law enforcement officials behind this? A: It is very possible—it has been known as a method to getting people to confess to crimes over the phone. When this is the case, the calls are recorded and sent to the district attorney. Q: Law enforcement officials are presenting me with a deal to offer them evidence on other individuals involved in my case. Can I believe them? A: Depends on the police officer—some may mean what they say, but others may not. The recommended policy is to have a criminal defense lawyer negotiate with law enforcement and the district attorney and to officially obtain an agreement in writing. Often, law enforcement officials amplify the severity of trouble you are in or the evidence they actually have. Q: The district attorney has offered for me to plead guilty with no time in jail on my first offense. Is this recommended? A: Not necessarily. It depends on a variety of factors, and it is crucial to involve a criminal defense lawyer to ensure that your best interests are being looked after. |