Do not discuss details or what has happened
If you find yourself in a situation where you are pulled over or approached on foot by a police officer and if he believes that you were or are currently engaged in criminal activity they may begin investigating. Anything you say, and all of your answers will be used to incriminate you later on.
A common myth is that if the police do not read your miranda rights, you can say anything and may be let free. This is simply not the case. Your miranda rights only become valid once you have been officially charged and arrested. At this point, anything you say or do can still be used against you. The police will ask you questions and politely answer “I would be more than happy to answer questions as long as my attorney is here with me” Say this each time they ask.
Do NOT run
If There is a very slim chance you will escape with the technology the police departments have. You will more than likely add an evading arrest on top of your original charge. Try to keep a clear head and remain calm during the process.
Don’t resist the arrest.
This will make things much worse. This is a separate charge from Evading Arrest and on top of that, you will have higher legal fees, the officers involved will remember the incidence and your offense report is more likely to be extra detailed. The courts do not look kindly on those individuals that resist arrest and are less likely to make appealing deals to the defendant.
Do Not Consent To Search Of Your Car
In America we are fortunate to all have rights, but we can easily waive those rights. The easiest and fastest way to do this is by saying “yes” when a police officer asks to search your car. Do not give them permission. Do this even if you are doing nothing wrong and have nothing to conceal. This can potentially help your case down the line.
Don’t consent to a breath or blood test if you have been arrested for a DWI or DUI.
You can and should always refuse both the breath and the blood specimen test. You can also refuse to do any field sobriety test otherwise known as coordination exercises. They will warn you about losing your driver’s license but do not worry about this. The truth is that your license may never get suspended. Mr. Peugh can handle your license issues and will do everything to keep you on the road. When you refuse these test, the officers may or may not choose to get a warrant to get your blood. Make them get the warrant. This extra process involves a lot of steps that can be messed up which can result in your Blood alcohol levels being thrown out or suppressed so that they cannot be used as evidence in your case.
Do Not Believe What The Police Say.
Many police officers are here to help you but many are not. Police have the legal ability to lie under the Texas law and they utilize this every day. Texas Police officers are taught to know the components of a crime and will get you to incriminate yourself, if you give them a chance. Remember, “I would be more than happy to answer questions as long as my attorney is here with me.”
Don’t talk about your connections
Sometimes it is a small world. Maybe your second cousin is the District Attorney, maybe your nephew is a police officer or a high ranking park ranger. In any event, the police officer arresting you does not care and will record all of your ramblings to later be used against you.
Remember, you are probably being recorded
On the street, the police likely have body cams or microphones. They also have high definition cameras inside and outside of their cars. Keep your mouth shut and be normal.
If you are with a friend or family member, have them record the arrest
Texas Police officers do not like you to know this but it is perfectly legal to record if you are a witness at a scene or a passenger in a car as long as you are not interfering with the investigation. This video can often be helpful in aiding your defense later on.
Do not let the police into your home unless they have a warrant.
Again, we are fortunate to live in the USA and we all have legal rights. The law is clear that the police are not allowed to come into your home without a search warrant. If they say they have a warrant, make them show you. If they do not have a warrant, you do not have to let them in. They may ask to “just come inside to ask a few questions” but you can tell them you want your attorney present. At this point, call the Peugh law firm for guidance.
Ultimately, do your best to remain calm. Every day across the United States people are arrested. Many times for crimes they didn’t commit. This arrest will pass and Mr. Peugh will work hard to have your charges reduced or dismissed.