5 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.
5 Reasons to Hire a Criminal Defense Lawyer
If you’ve gotten yourself into legal trouble, you’ve likely wondered what your next step should be. From getting a speeding ticket to riding downtown in the back of a police cruiser, there should be one thing on your mind right after staying calm. Learn why you should hire a criminal defense lawyer.
Do I need a lawyer?
If you’re an everyday citizen getting pulled over because you stepped on the gas pedal a little too hard, chances are this hasn’t even crossed your mind. However, if for any reason you have been avoiding being pulled over or have something illegal in your vehicle, deciding to call your attorney should be at the front of your thoughts.
Whether you have experience with the justice system or not, it is necessary to seek counsel.
Here are five reasons you should hire a criminal defense lawyer.
- 1. If you’re facing a criminal charge, lawyers experienced in this area will know several things you couldn’t. One such benefit is being familiar with the court system, prosecutors, and judges. Based on this knowledge and relationships, your attorney will be better able to sculpt your case for the best possible outcome. While we all have to learn our trade from the ground up, it is wise to seek the legal defense of someone with many years experience rather than a potentially cheaper and inexperienced attorney.
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- Sandy Springs Criminal Defense Attorney Richard Blevins has many years experience from being a veteran police officer to former prosecutor.
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- 2. You will want to find an attorney who is familiar with defending cases based on your specific charge. You may find attorneys who dabble in a little bit of everything from divorces to real estate. The last thing you want is a lawyer unfamiliar with defending criminal cases. For example, if you receive a DUI, there are various strategies your defense attorney can use to lessen or dismiss the charge. However, for an attorney who doesn’t specialize in this area, you may end up with whatever plea deal the prosecuting attorney chooses to throw your way.
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- There are several types of DUI charges in Georgia. Attorney Richard Blevins has an extensive background defending clients charged with DUI, and has been a DUI defense attorney in Atlanta, GA since 2005.
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- 3. A good defense attorney can protect your money. You might think going it alone is the cheapest way to manage a citation or charge. However, you will be surprised to find the many hidden fees associated with the legal system. From paying court fines and surcharges to shelling out coin for services ordered by the court should you be found guilty. Ultimately, hiring an attorney will save you money.
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- Contact DUI Defense Attorney Richard Blevins for a consultation.
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- 4. Protecting your money is also protecting your future. Without a defense attorney, you may be convicted or get a plea deal that will follow you around for a lifetime. Such convictions can threaten your career, family, and social life.
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- Richard Blevins, DUI Defense Attorney, has had great success in getting DUI charges dismissed or reduced in many cases.
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- 5. Sometimes, a charge may be dismissed due to misconduct by law enforcement. Only a seasoned defense attorney will know if how your case came together was legally conducted by police.
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- DUI Defense Attorney, Richard Blevins, has formerly worked as a prosecutor as well as a police officer. He is well-trained in each area making his knowledge unparalleled when defending DUI cases.
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If what you’re seeking is the best outcome, hire a criminal defense attorney who will fight to protect your future.
5 Reasons to Fight a DUI Charge
Laws vary from state to state surrounding the severity of punishment that comes along with a DUI In Sandy Springs, GA. The law is in-depth and lengthy. Learn why you should fight a DUI charge.
Drunk Driving in Georgia
For your very first DUI offense in Georgia, you can expect the following:
- At least 24 hours in jail
- 40 hours community service
- Suspended drivers license following conviction
- Fines from $300-$1000 + statutory surcharges, which will double the amount
- Attend and successfully complete a 20-hour DUI class
- Undergo alcohol/drug evaluations from a licensed addiction specialist (whose recommendation must be followed)
- 12 months probation (deducting time served in jail) following your arrest
If these first offense punishments aren’t enough to scare you away from drinking and driving, perhaps these five reasons will.
Why Fight a DUI
- $$$$$. Tangling with the justice system is expensive. Even without hiring an attorney (which you should), you will still be facing court costs and fines that will easily add up to $1000+. What else is going to come out of your pocket? Increased car insurance premiums, payment for drug screens, ignition interlock device for your vehicle, and probation supervision fees. You might think not hiring an attorney is the cheapest way to manage a DUI charge; however, admitting guilt and being ordered to jump through a myriad of hoops is the most sure-fire way to burn a deep hole in your pocket. Do yourself a favor, call your lawyer.
- Speaking of money, did you know a DUI conviction is likely to take away employment opportunities? DUI’s stay with your forever. If you have a job when you get a DUI, you might be looking at being fired or suspended. Not to mention a negatively impacted credit score and only being able to obtain higher interest rates on loans. You’re basically now considered high-risk for anything you apply to do/get. Still think you can’t afford a lawyer? Your attorney might just be the one saving your ability to make money. After all, arrest records are public knowledge, and potential employers today regularly use the internet to research candidates prior to hiring.
- If you have kids, a DUI could interfere with your parenting, especially if you’re co-parenting in a separated/divorced relationship. Your responsibility may be called into question by your co-parent and also raise red flags within family court. It’s possible a judge may restrict your right to drive your child or even spend time with them depending on severity.
- Probation isn’t easy. If you’ve never been on probation before, chances are you don’t realize the implications this type of restriction will have on your lifestyle, finances, and social circle. There are several rules you cannot break if you hope to ever be free of probationary measures, such as no leaving the state without permission, monitored driving, random drug screens, regular reporting to your probation officer. The list goes on.
- Conviction isn’t a guarantee. Even if you know you’re guilty. Defense attorneys with expertise in this area may very well be able to avoid a conviction and clear this hiccup from your permanent criminal record. However, you won’t know unless you call your lawyer and ask!
There is one way to be 100% sure you won’t be convicted of a DUI. Don’t drink and drive!