If you do not fully understand your rights when arrested and facing criminal charges, it is easy to hurt your own case. Having an aggressive trial lawyer on your side can help you understand what your rights are and how to protect them. Here are some examples:

• Undercover police officers or confidential informants are legally allowed to lie about their identity. As such, anything you say to them can be used against you.
• Anything you say to your lawyer in the presence of third parties cannot be protected by the attorney-client privilege. So, do not discuss the case with your attorney when others are present.
• You have a constitutional right to refuse to answer police questions.
• A grand jury can compel you to appear, in accordance with the Fifth Amendment, but it may not have the right to compel your testimony. If you are served with a subpoena, you need to seek out the advice of a criminal defense attorney.
• Unless certain exceptions apply, most searches conducted without a search warrant are unconstitutional. The police might use a variety of methods to manipulate their way into conducting a search of your person, premises or vehicle. However, unless specific criteria are met, searches cannot be conducted without a warrant.
• Remember, the police are searching for evidence to build a case against you and prove your guilt, not to find you innocent.

Searches that don't require a warrant include:

Consent Related - The police do not need a warrant to conduct a search (of you, your car, or house), if they ask for your permission and you give your consent. This search is legal. However, you have the right to refuse to give your consent.

Probable Cause - The police do not need a warrant if they have reason to believe that a crime has been committed, is in progress, or that certain property is connected with a crime. In many instances, police use probable cause to justify a search BUT their reasoning may not hold up in a court of law. This is why hiring a skilled, dedicated defense lawyer is so important. It takes time and tenacity to scrutinize all the facts, including aggressive cross-examination of arresting officers. If your lawyer can prove that the search was illegal, any evidence found is inadmissible and cannot be used against you.

In Plain View - Items such as contraband drugs or weapons that are in plain sight will permit a search by police without a warrant. These items could be viewed through the window of a house, for example, or even in the trash, or next to the driver in a vehicle.

Caution for Pretext Stops: Many officers use probable cause as a basis for stopping vehicles to develop a case for more serious charges - looking for drugs being the primary example. Use extra caution if you are either operating, or a passenger in a vehicle, especially in high crime areas. Make sure everything is in proper working order (especially tail and brake lights) wear your seat belt and make certain to operate your car in a lawful manner. Don't let a minor offense lead to more significant charges.