by Editorial TeamRecord Restriction (Expungement) In Georgia
For many people convicted of an offense, that information can follow them for the rest of their lives. However, there are some instances where a criminal offense can be made unavailable for the public to view, which can help people who have been convicted of a crime still find gainful employment and other opportunities.
What is Record Restriction (Expungement)?
In the state of Georgia, record restriction means that eligible records on your official criminal history report will be restricted from public view and are only accessible to law enforcement, and only then for criminal justice purposes.
Before 2013, record restriction was referred to as expungement. However, that implied that the records were destroyed or deleted, which was never the case. On July 1st, 2013, Georgia changed the law to refer to the process as a record restriction. The actual procedure itself is entirely unchanged, and this law has modified only the name.
Can My Record Be Restricted Automatically?
Under the new law that Georgia has created, if your arrest is not referred for prosecution, it will be restricted from your Georgia Crime Information Center (GCIC) criminal history record automatically with different timeframes dependent on the crimes. This restriction happens after two years for misdemeanors, four years for most felonies, and seven years for severe violent and sex-related felonies.
- Read more about 2nd offense DUI’s
This automatic law process can apply to arrests before and after July 1st, 2013. However, if a record is automatically restricted, and later a disposition is entered that does not qualify for restriction, the law requires that your record be “unrestricted” by the GCIC.
Applying For Record Restriction
If you intend to apply for your record to be restricted, several aspects need to be considered. Some record restriction details are as follows:
- Georgia law does not allow for the restriction of an entire criminal history all at once. You must apply separately for the record restriction of each eligible arrest.
- If you have forgotten the details of a past case, the case’s outcome, referred to as the “final disposition,” is filed in the clerk’s office of the court in which your case was handled.
- If you have been denied restriction before July 1st, 2013, you can get your application to be reconsidered under the new law’s criteria. If your application was rejected previously and the charge(s) now qualify under the new law, you should reapply.
Record restriction can be an extremely beneficial process if you are eligible for it. However, keep in mind that every person has a unique circumstance and that these broad guidelines do not cover every possible scenario.
Suppose you are interested in getting your record restricted, and you believe that you qualify for doing so. In that case, it is worth speaking with an attorney who will be able to give you information that pertains precisely to your situation. Taking the time to prepare accordingly will provide you with the most excellent chance of success and lead you to a more secure future.
by Editorial TeamWhat You Need to Know About the Ignition Interlock Device Permit in Georgia
You just got a DUI. Maybe you’re asking yourself: what am I supposed to do? What are my options? Do I need a DUI lawyer? It may not seem like it, but you do have some choices to make.
Within 30 days of your arrest you may file an appeal or opt to apply for an ignition interlock device (IID) permit. If you submitted to a State-Administered test, you may even be eligible for a non-interlock permit. In this article, you will find out if you are eligible for an IID permit and what you need to do before applying.
What is an Ignition Interlock Device?
Individuals on probation for multiple offenses must install an IID in all vehicles. However, first-time offenders may choose to apply for an IID permit so they can continue to drive after a DUI conviction.
An ignition interlock device is a system for measuring a driver’s alcohol content while in the vehicle. An installed IID will not allow the car to start until the driver takes the alcohol test. If their alcohol content is above the preset limit, the car will not start. Only when the content level is below the predetermined number will the vehicle turn on.
The device will need service and recalibration every few months. Although installation and continued maintenance can be costly, it may be worth it for those who need to travel for work.
Are You Eligible for an IID permit in Georgia?
To qualify for an ignition interlock device permit in Georgia you must meet all these requirements.
- You are 21 years or older
- You have a valid Georgia driver’s license (or you are a current resident with an expired Georgia license that can be renewed)
- You have not been convicted of a DUI within the last 5 years
- You do not have any current license suspensions
IID Permit for a Multiple DUI Offender
There are some exceptions for habitual offenders. Individuals convicted of multiple DUI offenses within five years must serve a suspension period–at least four months–without a license. After this time, however, you may apply for an IID permit. Even with an IID installed, under Georgia’s driving restrictions, you may only drive for the following purposes:
- Work
- School
- Treatment Support Meetings
- Monthly maintenance for the IID
Depending on the circumstances, you will need to continue using the IID for 6 to 12 months. Individuals are also required to participate in a DUI Court program or enroll in approved clinical treatment.
How to Get Your IID Permit
There are a few steps to applying for your IID permit. Before the Department of Driver Services (DDS) can issue an ignition interlock permit, you need to:
- Install an IID in your car
- Submit your DDS-1205 to the Department of Driver Services
- Apply in person at a DDS office within 30 days and waive your right to an appeal hearing
What’s Next
If you meet the requirements above, consider whether you want to appeal the DUI conviction or apply for an IID permit.
by Editorial TeamViolation of the Georgia Controlled Substances Act
The Georgia Controlled Substances Act is a result of the federal Controlled Substances Act, signed by Congress in 1970. “Controlled substances” consist of illegal drugs and prescription medications.
Potential penalties for a violation of the Georgia Controlled Substances Act (VGCSA) vary based on the schedule of drugs and any prior drug convictions. Each controlled substance is divided into one of five categories or schedules. Additionally, the Federal Food, Drug, and Cosmetic Act list of over 1,000 “dangerous drugs”.
Drug Schedules
Schedule I drugs have a high potential for abuse and no currently accepted medical use.Examples of Schedule I drugs include marijuana, heroin, LSD, and ecstasy.
By contrast, Schedule V drugs have a low potential for abuse and are accepted for medical use.
VGCSA penalties are most severe for Schedule I drugs.
VGCSA Penalties
Possession of Schedule I or II controlled substances are deemed felony offenses with the utmost penalties.
- Possession of any Schedule I Controlled Substance or Schedule II narcotic is a felony punishable by incarceration of 2 to 30 years.
- Cocaine or methamphetamine possession between 28 and 200 grams carries a mandatory minimum term of imprisonment of ten years and a fine of $200,000.
- Possession of a Schedule III, IV, and V substance is also a felony with 1-10 years in jail.
Many VGCSA offenses can results in misdemeanor charges:
- Possession of under one ounce of marijuana is a misdemeanor offense punishable by up to 12 months in jail and a fine up to $1,000.By contrast, additional quantities with the intent to distribute can result in a felony charge punishable by up to 30 years in jails and a fine up to $1,000,000.
- Additionally, selling or providing “model glue” to a minor for the purpose of sniffing or huffing is a misdemeanor offense.
- Similarly, disposing of a controlled substance in a public place is a misdemeanor offense.
VGCSA allows for additional charges and penalties if controlled substances are distributed or dispensed near schools.
NOTE: Penalties may be more severe for second and subsequent offenses.
A person seeking medical assistance for a drug overdose can NOT be arrested, charged, or prosecuted for VGCSA as a result of seeking medical attention.
Defense for Drug Charges in Georgia
There are many defenses to fight Violation of the Georgia Controlled Substances Act charges. The most successful defense against controlled substances is to show that the arresting officers violated the law. Unlawful arrests may be a result of an illegal search and seizure or coercive police questioning and interrogation.
- Georgia allows for first-time offenders of VGCSA to potentially have charges discharged and probation administered.
Contact Attorney Richard Blevins Today
If you have been arrested for a VGCSA in the Sandy Springs or Atlanta area, then you need to call criminal defense attorney Richard Blevins immediately. He can provide you with the aggressive legal representation you need when facing a possession of a controlled substance violation charge. Call today at (770) 419-1945 to schedule a free consultation.
by Editorial TeamShould I Hire a DUI Attorney?
In Georgia, if you are arrested for Driving Under the Influence of Alcohol, Drugs or Marijuana a whole new level of stress will be upon you.
You are looking at:
- losing your job
- professional license
- facing jail time
- fines
- other court related expenses
- higher insurance rates and
- the stigma of having a DUI conviction.
This is all from being at a party, after work event or dinner. You then need to look and see if hiring a DUI attorney is right for you.
Do you need an Attorney?
A DUI charge is Georgia is a serious offense. Mandatory minimum DUI punishment in Georgia is based on how many DUI convictions you have in a ten (10) year period using the dates of your arrest for each. These are the minimum things that can happen to you. The prosecutor can recommend more punishment, or the Judge could sentence you to more punishment if you are convicted after a trial or plea.
Your First DUI Conviction
A first DUI conviction in ten years carries a mandatory minimum of 12 months on probation with 10 days to serve in custody. All but 24 hours can be stayed or probated.
A minimum fine of $300.00 plus court surcharges, up to a maximum fine of $1,000.00 plus court surcharges.
You will be required to complete a minimum of forty (40) hours of community service, risk reduction course (known as DUI school), undergo an alcohol and drug evaluation and follow any recommended treatment and attend a victim impact panel. Typically, you will have to pay a probation fee that ranges from $39 to $50 per month.
A DUI conviction will also affect your driver’s license status. In Georgia, the Georgia Department of Drivers Services (DDS) looks at how many DUI convictions you have in five (5) year period as determined by the arrest date. A first in five year DUI conviction will cause your driver’s license to be suspended for one (1) year.
However, you can ask for an affidavit of first conviction at the time of your plea. You can take this affidavit to DDS to apply for a limited driving permit. The limited driving permit will restrict where and when you can drive and is valid 120 days. After 120 days you can apply for a reinstatement of your driver’s license by showing you completed the risk reduction course and paying a restoration fee of $210.00 to DDS.
With so much at stake facing you, you should seriously consider hiring a DUI attorney to help you navigate and mitigate what lies ahead of you.
What is an Administrative License Suspension (ALS) hearing?
Most people who are arrested for DUI will ask their friends or family members or look on the internet on what to expect going forward. Most will discover you have a certain amount of time to stop your license from being automatically suspended. In Georgia, if you refuse to take the State Administered Breath or Blood test (not the breathalyzer you blew into on the side of the roadway); took the State Administered breath or blood test and registered over .08 grams for individuals over 21 years of age, .04 for commercial drivers or .02 for individuals under the age of 21 the arresting officer will take your driver’s license and issue you a 45 day temporary driving permit. You will have 30 calendar days to either request an administrative license hearing or install an ignition interlock device in your vehicle. Otherwise, you will be suspended for one year with no limited driving permit on a refusal case. This is different from your court hearings.
An experienced DUI attorney can advise you through the administrative license suspension process.
What happens with my DUI case in Court?
After you are arrested for DUI and bond out of jail, you will receive an arraignment date. This is where you enter your plea of guilty or not guilty. Your next court date could be a motions hearing or calendar call. Then a bench or jury trial will occur in your case. An experienced DUI attorney can advise you on what will occur at each hearing and how your case will proceed at the hearing. Some cases will warrant a motion to suppress hearing. While others can be worked out in plea negotiations. If the case cannot be worked out and the evidence is lacking by the Government, a jury or bench trial may occur to resolve the case. A DUI attorney that has prior jury trial experience can properly advise you of how to handle your case to get the best possible results.
The Answer is Yes!
If you are charged with DUI, you need an experienced DUI attorney who has trial experience. Attorney Richard N. Blevins, Jr. has the experience to defend you in your case. He has had numerous jury trials in Georgia that resulted in several Not Guilty verdicts. He has over 20 years of legal experience in handling DUI cases, four of which were as a prosecutor.
Prior to becoming an attorney, Attorney Blevins was a law enforcement officer. He is one of a few DUI attorneys in Georgia that has the unique experience of being someone who has stopped and arrested someone for DUI, testified in court and performed field sobriety tests on the roadside with a person suspected of DUI.
He has truly worked every side of a DUI case. He has taken the Instructor course and Student course is Standard Field Sobriety Testing (FST). He has taken the Advanced Roadside Impaired Driving Enforcement (A.R.I.D.E.) course. He was certified by the State of Georgia in F.S.T.s. He was Intermediate and Basic P.O.S.T. certified in Georgia. He is also a veteran of the U.S. Army Military Police Corps.
If you are arrested for DUI in Georgia, call Attorney Richard N. Blevins, Jr. at. 770-419-1945.
by Editorial TeamAbout Administrative License Suspension Hearings in GA
License Suspension for a DUI
If you are stopped arrested by an Atlanta police officer for suspicion of driving under the influence of alcohol (DUI) it can be stressful.
Things that will come to mind are:
- How long will my license be suspended?
- What should I do to get a temporary driving permit and how should I get my license reinstated?
- Do I need to request a court hearing?
- What will happen to my driver’s license?
- Ignition interlock option, and details about it?
When Can Your Drivers License be Suspended?
When you are arrested for DUI in Georgia, your license can be administratively suspended if you had a blood or breath test over the legal limit or refuse to take the state administered blood or breath test.
The arresting police officer should take your driver’s license after you are arrested and issue you a DPS 1205 form.
The 1205 Form
The 1205 form is a temporary driving permit that is good for 45 days from the date of your arrest. It is also a petition to suspend your license. You will have three choices to make within 30 calendar days of your arrest.
- First, your driver’s license will be suspended for one year if this is your first DUI in five years. But, you can apply for a thirty day limited permit if you tested over .08 on the state administered breath or blood test. Next, you can apply for a reinstatement of your license after thirty days. Go to the Georgia Department of Drivers Service and pay a restoration fee and show them you completed the Risk Reduction course (DUI school). However, if you refused the state administered blood or breath test, you cannot get a limited driving permit. You will be suspended for one year, unless you get your DUI charged reduced or dismissed.
- Secondly, you can request a hearing. You will need to do this by mailing a request form to Department of Driver’s Services within 30 calendar days of your arrest with a $150.00 filing fee. Then, you will get an extension of your temporary driving permit for 90 days. A hearing should be set at a designated location in the county of your arrest. The hearing is held by the Office of State Administrative Hearings (OSAH). An administrative law judge will conduct the hearing. The hearing is only to determine if you violated the ALS rules. The arresting officer will need to prove he legally stopped you; he had probable cause to believe you are under the influence of alcohol; the implied consent was read to you; and you refused the test or registered over .08 on the state administered blood or breath test. Should you win the hearing you can get your license back. If you lose the hearing you will be suspended.
- Thirdly, you can avoid an ALS hearing if you waive your right to a hearing and install an ignition interlock device. It will need to be installed in your vehicle within thirty days of your arrest and go to DDS to waive your right to a hearing. The ignition interlock must be in your vehicle for 12 months. If your case is a refusal case, you cannot take the ignition interlock out even if you get your DUI reduced or dismissed. Finally, if you took the state administered blood or breath test, the ignition interlock can be turned in if/when you get your DUI reduced or dismissed.
If you need an experienced Atlanta DUI lawyer call 770-419-1945 and speak with Richard Blevins.
by Editorial TeamChange in Georgia DUI Law
Effective July 29, 2020, the law in Georgia regarding the suspension of your driver’s license or a DUI conviction involving marijuana or a controlled substance has changed.
Prior to the change in the law, if you were convicted of DUI with marijuana or a controlled substances your license would be suspended for one year. There were no early reinstatement period or a limited driving permit available.
The change in the law, O.C.G.A. section 40-5-75 (d), now allows early reinstatement of your license and a limited permit if you are convicted of driving under the influence of marijuana or a controlled substance.
Apply For a 120 Day Limited Driving Permit
This means once you are convicted of DUI-Drugs or marijuana, a first in five years, you can apply for a 120 day limited driving permit. After 120 days, you can apply for early reinstatement if you complete the risk reduction course and pay a restoration fee to DDS.
Attorney Richard Blevins is an Atlanta DUI Lawyer who has over 20 years of experience in handling DUI cases in Georgia. He can help navigate you through the process of dealing with a DUI case.
by Editorial TeamYour First Court Date After Being Arrested for DUI in Georgia
Estimated Reading Time: 3 Minutes
No two cases are alike. However, after being arrested for a DUI in Georgia, you will be required to appear in court. This can be an intimidating process, but you don’t have to go through it alone. Hiring an experienced DUI attorney to defend you is one of the first steps to take in helping your case. They will handle your first appearance for you, walk you through your case, and advise you how to proceed.
In this article, we will give you a quick rundown of what to expect from your first court date.
What to Expect
During the time of your arrest, you will receive a time and location on your ticket to appear in court. You must appear or have an attorney appear for you, otherwise, the judge will issue a warrant for your arrest.
Your DUI Arraignment
At your arraignment–your first appearance–the judge will read your charges, inform you of your rights, and determine whether you can afford an attorney or need one appointed to you.
If you already have counsel, you will enter a plea of guilty or not guilty. If you do not have an attorney representing you at the time of the arraignment, the judge cannot move the proceedings forward until you do. You will enter a plea at the next court hearing once you obtain an attorney.
Acquiring Counsel
It’s smart to get counsel before your arraignment, but maybe you didn’t have time or you didn’t have the money. Ask the judge for more time to find a criminal law attorney and explain your reasons. Be forthcoming; the judge should give you the time needed to attain counsel.
Don’t waste this extra time given to you. Showing up to the second hearing without an attorney will not go over well with the judge. If for whatever reason you could not obtain counsel, you must demonstrate your efforts to hire an attorney.
Hiring a private attorney is not your only option. You may apply for a public defender if you can’t afford an attorney.
Not a lot may happen at an initial appearance
Once your attorney enters a “not guilty” plea, an investigation process follows. During this time, your attorney gathers all pertinent information about your case. They may file a motion to have evidence or the entire case dismissed. If a motion to dismiss is denied, your case moves on to a trial.
Whether or not you have an attorney, when you appear for your arraignment, consider the following points.
- Clear your day: Depending on the court’s schedule you could be there for a few minutes to several hours. Having an attorney helps you in this aspect since many judges take attorney cases first.
- Dress appropriately: You don’t need to wear a suit, but don’t show up in shorts, either. Demonstrate respect for the court by wearing something nice. Wearing your uniform for work is usually acceptable, too.
- Be patient: Don’t let your emotions become raw because of the wait or poor treatment by the staff. Stay calm and collected. You don’t want the prosecution to have any further ammunition to use against you. Being respectful to court staff and the judge will go a long way.
by Editorial TeamAre Wearable Alcohol Tracking Devices the Way of the Future?
Soon, Even Your Device Will Tell You You’re Drunk
TAC – Transdermal Alcohol Concentration. This may be a prospect for “safe” drinking. How will the alcohol tracking devices work? Let’s take a look.
Alcohol Tracking Devices Useful or Useless?
According to a recent study, TAC sensing watches or wristbands may be the wave of the future to eradicate the over-consumption of alcohol. A transdermal alcohol biosensor may help accomplish this goal by measuring how much ethanol is in your sweat.
Is this really as useful as it claims? Lag times of this new technology indicate TAC sensors do not indicate your alcohol level until at least 30 minutes after consuming your last drink. Finish a drink, wait 30 minutes. Finish your second, wait 30 minutes. Heck, if this was realistic, we would all be responsible drinkers!
That being said, the technology does show promise with smartphone integration capabilities as well as outdoing the competition (SCRAM ankle monitor) by detecting peak TAC 45 minutes sooner.
Current Technology
BACtrack appears to be the most useful technology to measure alcohol concentration on the market today. This device boasts a pocket-size breathalyzer and smartphone integration to let you know if you’re a few sheets to the wind too many. Even though this brand claims affordability, the device is more than just a party trick costing $80 per month at its entry-level subscription. Cost aside, if you’re looking to curb your consumption and increase your awareness, this device could save your life.
Drinking and Driving Today
About ⅓ of all traffic fatalities in the U.S. are due to drunk drivers. The National Highway Traffic Safety Administration (NHTSA) states that the most recent data shows 10,511 individuals were killed in such accidents in 2018.
Sandy Springs shares Georgia’s alcohol-related fatalities coming in at just under the national average. The population in Georgia that admits to driving after drinking too much is 1.4%. This may not seem like a large number, but we have to remember that these are people who admitted to committing a crime. When you consider the population of Georgia, that’s about 150,000 people driving intoxicated.
Current Safety Strategies
Law enforcement does its best to keep us safe from ourselves both federally and on state and local levels. Our heroes in blue implement various strategies to help maintain our safety and that of others when we are choosing to be irresponsible.
Outside of upcoming technology, present-day strategies include:
- Sobriety checkpoints: police stops to check for impairment.
- Ignition interlocks: breathalyzer that keeps your car from starting when blood alcohol concentration is above the legal limit.
- License revocation/suspension: taking away your license.
- Alcohol screening/interventions: screenings provided in professional settings for identification of alcohol-related issues.
- School-based instructional programs: teaching new drivers the dangers of drunk driving.
- Mass media campaigns: exposing the public to the dangers of drunk driving.
Should you be charged with Driving Under the Influence (DUI) while in Sandy Springs, there are multiple options to help rehabilitate your driving record. First, seek representation. Both Sandy Springs and the greater Atlanta area advertise Defensive Driving Courses as well as DUI courses, which may be offered in lieu of more severe punishment.
As always, there are several, easy ways to avoid a citation, jail time, and even death.
- Plan ahead. Take an Uber or arrange for a designated driver.
- Take the keys of inebriated friends.
- Always wear your seatbelt!
by Editorial TeamMarijuana Possession in Dekalb County
Back in mid-2018, Dekalb County Industrialized District, which includes Sandy Springs, wasn’t the first area to decriminalize marijuana possession under one ounce. However, while marijuana supporters everywhere were cheering, Sandy Springs found another way to penalize those found in possession of marijuana or those who even get close to it.
While this may sound ominous, here are the facts.
The change instituted almost two years ago allows anyone in possession of less than one ounce of marijuana to possibly face zero time behind bars and a monetary fine no more than $75. Offenses after the first are dealt with in an increasingly severe manner; however, compared with other cities and states, penalties remain low with a second offense fining $150, a third $300, fourth $450, and all latter offenses facing a minimum $500 and possible time in lockup for 60 days.
Pretty light punishments in comparison with prior years treatment of possession of illegal substances. Let’s look at Sandy Springs’ new way of managing the buying, selling, and using of recreational weed.
Less is more, or more is less?
Possession of marijuana (and essentially all other drugs) now falls under Sandy Springs Disorderly Conduct citation. How does this work? Due to delays at Dekalb County Courthouse, there is now a charge considered less severe than a speeding ticket under Georgia law.
Now, in addition to what we have come to know as disorderly conduct (i.e., violence, fraud, impeding traffic, etc.), Sandy Springs has added the following:
Be in or about any place where gaming or illegal sale or possession of alcoholic beverages or narcotics or dangerous drugs are practiced, allowed or tolerated, for the purpose of or intent to engage in gaming or the purchase, use, possession or consumption of such illegal drugs, narcotics or alcohol…
Read more on Code of Ordinances for Sandy Springs.
What does this mean?
Using marijuana or any other illegal substance may be ticketed with a citation that barely raises eyebrows. Many of the illegal substances that would be a one-way ticket to a felony in most other cities and states in America now comes with a written ticket, a monetary fine, and perhaps a glare from our finest in blue. At worst, you may have to serve probation and/or be ordered into drug treatment.
The good news for marijuana users in Sandy Springs is that they will not face a looming criminal record should they receive the disorderly conduct citation. At the same time, how can this be beneficial for the Atlanta suburb when users of illegal substances, such as heroin and cocaine, are being allowed the same leniencies?
One argument stems from the Dekalb County system being overwhelmed. Sandy Springs’ officials claim that the disorderly conduct charge gives those using more dangerous illegal substances the chance to get the help they need instead of losing them in the larger state system. An admirable claim, if it works.
Know Your Marijuana Rights
If you are a supporter of marijuana use as a recreational and/or medicinal drug, you want to look into your rights regarding this matter as the lines between criminal offense and legality continue to be blurred between federal, state, and now even city laws and ordinances.
A criminal law attorney with experience in these areas can mean the difference between a mere slap on the wrist, your paycheck, and time in jail.
by Editorial Team5 Strategies For A Police Encounter
At some point, you’ve had a police encounter. Whether you were speeding, jaywalking, or doing something decidedly worse, officers are charged with protecting you and others from unlawful behavior.
Most people feel jittery when speaking to police. The very engagement with our best in blue makes us question if we have done something wrong. To help ease this anxiety, let’s look at police encounters from the source.
Types of Police Encounters
You should first know the three tiers of engagement to help you recognize why an officer may be talking with you.
- Consensual Encounter: This type of encounter can be ended at any point by either party (you or the officer). Such an encounter does not require evidence or probable cause, and you are free to leave, refuse to answer questions, decline to identify yourself and ask the officer to leave your property. This is the most frequent type of encounter.
- Arrest: When an officer makes an arrest, she or he must have probable cause. To establish probable cause, law enforcement must be able to point to objective circumstances leading a reasonable person to believe that you have committed a crime. You are not free to leave, and the officer has grounds to search without additional probable cause.
- Investigative Detention: This encounter is less severe than an arrest; however, you are not free to leave. This type of stop must be supported by observable facts; however, the officer need only be suspicious that a crime has been, or is about to be, committed. During such an encounter, you would be especially wise to adhere to the following five police encounter tips to avoid arrest.
Tips for a Police Encounter
Stay calm and silent
Atlanta Criminal Defense attorney Richard Blevins shares his best tips for managing interaction with police.
- STOP. Do not be tempted to avoid police contact. Even if you are unsure the cop is tracking you, there is no harm in stopping. If the officer is not pursuing you, they will carry on with what they are pursuing. They have bigger fish to fry.
- Stay calm, don’t argue, don’t resist, don’t flee. Keep your hands in plain sight and make no sudden movements. Doing the opposite of any of these will get you a ticket to a holding cell or staring down the barrel of a pistol. At the end of the day, an officer stopped you due to suspicion of wrongdoing and must exercise caution to protect others and themselves.
- The right to remain silent. Police are trained to encourage people to offer more information than they are asking about. When possible, answer ‘yes’ or ‘no’ and only answer what is asked. If at any point you feel uncomfortable, exercise your right to remain silent and consult with an attorney.
- You do not have to consent to a search. Cops need probable cause to conduct an arrest or search. If a search is requested, you can say no.
- Ask if you are free to leave. At any point, you may ask if you are free to leave. Again, an officer needs probable cause to make an arrest; however, lack of handcuffs does not mean you are free to leave. Ask first, walk away when consent is given.
Being questioned by law enforcement can be nerve-racking. While it may be difficult to think ahead in high-stress situations, remember the above tips to stay safe and contact an attorney in cases of arrest or investigative detention.
