What to do if you are arrested?

Being confronted by an officer of the law, whatever the reason, can be a very stressful or even frightening event. However, the important thing is to remain calm and to remember exactly what your rights are. Under the 5th Amendment of the United States Constitution, you have the right not to answer any question asked to you by a law enforcement officer. If you are being questioned by a law enforcement officer for any reason, we recommend that you assert your right to remain silent in a firm, but respectful fashion.

The following sample dialogue is a good example of the type of response that will work the best. Remember that you need to remain calm, refrain from raising your voice, and generally avoid doing or saying anything that would serve to antagonize the officer or officers present and incriminate yourself.

OFFICER: “Mr. Jones, have you been drinking tonight?”

MR. JONES: “Officer, I respectfully refuse to answer any question until I have spoken to my attorney.”

The only alternative is speaking to an officer without your San Diego DUI attorney present. Unfortunately, it's an alternative that rarely if ever works, no matter how innocent or intelligent you believe you are. Remember that anything you say can and will be used against you! It’s the way the law works. Always BE SMART and do everything that you can to protect your rights.

If you are charged with a crime or even if you are under investigation, picking the right San Diego drunk driving lawyer or other type of attorney early on is absolutely essential. Choosing the right lawyer to handle your case can literally mean the difference between freedom for you or spending time in jail. At Garrison & McInnis, our attorneys have over fifty years of combined experience in criminal law. We have handled hundreds of criminal cases and have obtained a large number of dismissals and not guilty jury verdicts in State and Federal courts throughout the state of California.

If you are arrested or are being investigated and need the assistance of an experienced San Diego DWI lawyer, please give us a call toll free at 877-850-6624 to have a Garrison & McInnis, L.L.P. start aggressively defending your rights today. Your future and your freedom may depend on the legal representation you choose, so make sure that you make the smart decision when it comes to protecting your rights.