Arizona Criminal Defense Attorney Blog
Phoenix Criminal Attorney | DUI DWI Criminal Defense Lawyers
Why You Should Exercise Your Right to ‘Remain Silent” following an Arrest for Phoenix DUI or Criminal Charges
1) You do not want to “convict” yourself by verbally accepting guilt of a crime. Do not assume that because you were arrested for a crime, you will be found guilty.
An arrest is not a conviction. Any DUI, DWI, Drunk Driving or criminal charges can be challenged by a qualified private practice criminal defense lawyer. There may be defenses, that you are not aware of, that if used, can lead to a dismissal of your charges. But the police or prosecution will not provide you with this information even if they are aware of it. The prosecutor’s job is to convict you not to defend you or give you any reason to challenge your criminal charges. There are far more arrests in Phoenix than convictions. Often criminal charges get dismissed with good legal representation by a proven criminal lawyer who defends criminal charges in Phoenix AZ on a regular basis.
2) Following a Phoenix arrest for DUI DWI, or other criminal charges, you can count on the police to continue to “take notes” what you say and do. Your words and actions will be documents. They can and will be used against you by the Arizona Prosecution. In most cases, defendants do not realize that what they are saying or doing will incriminate them further and harm their defense. If you find yourself being questioned or interrogated, you must let police know verbally that you wish to exercise your right to remain silent, and to have an attorney present during any questioning related to the charges. Note: If remain silent without verbally acknowledging that you wish to exercise your right to remain silent, then you will appear uncooperative to the court which will further harm your defense case.
3) If you allow yourself to be questioned or interrogated by police regarding your guilt or innocence of the Phoenix DUI DWI or Criminal Charges following your arrest, after being read your Miranda Rights, you voluntarily waive your rights. (“right to an attorney” and “right to remain silent”). Admitting to a crime is one of the fastest ways to get a conviction. The penalties for Phoenix drunk driving, DUI DWI, or many other criminal charges in Arizona are severe. When you are later sentenced and learn the severity of the punishment, you can’t turn back. You can not reclaim your right to remain silent later, if you were properly read your Miranda Warning.
4) Until your Phoenix criminal or DUI case has run its course through the criminal justice system, the prosecution will egregiously look for inconsistencies or statements in “your story”. You may be surprised to find out that the inconsistent statement does not have to be material to the criminal charge itself. Regardless of the subject matter of the statement, or what forum the statement was made, if it is different, it will harm your defense credibility. Without a doubt, he prosecution can make strengthen their case by accusing you of “changing your story”, and make an issue of your credibility or trustworthiness in the eyes of the court, judge or jury.
5) Admitting to guilt of a crime will generally only makes things worse for you. You will just be convicted swiftly and sentenced by the judge to penalties under Arizona law for that crime. Some defendants think that if they admit to committing a crime or drunk driving in Arizona, that their punishments or sentencing will somehow be reduced. That is not the case. In Arizona, mandatory sentencing guidelines exist for DUI DWI and most criminal charges. You will face the same penalties in most cases for the DUI or crime than a defendant to plead “not guilty” and was later convicted of the criminal charge.
Arizona State Law issues and topics. Note that Arizona legislation, laws, criminal code and DUI laws and penalties frequently change. If you have a criminal or DUI defense matter related to this topic, it is important that you consult or hire an Arizona criminal or AZ DUI lawyer in the jurisdiction or municipality of Arizona where you received your charges of up to date information.
If you have an outstanding warrant for arrest in Arizona or have been arrested in Maricopa County for AZ DUI other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor). The Law Office of James Novak is devoted 100% to defending DUI, Drug & criminal charges in valley wide within Maricopa County including Mesa, Scottsdale, Tempe, Phoenix, Chandler, Gilbert Arizona, East Valley, AZ and surrounding cities in Phoenix metro area.