Regardless of the offense, a lawyer is your indispensable ally.
Never assume that your case is not worth an attorney’s advice, no matter how small the case, or how slight the law enforcement officer assures you the penalty will be.
Never plea guilty or no contest to a misdemeanor without first seeking legal advice.
All too often people find themselves sentenced to penalties they never envisioned. Sadly, had some of these people retained counsel they could have received lesser penalties or no penalties at all.
Here are a few things you need to know:
- You have the right to remain silent – use it. If the officer is asking you questions, then more than likely he doesn’t have the information he needs to make a case. Don’t make his job easier by speaking.
- Tell the officer you want to speak to a lawyer. Once you tell the officer you want to speak to a lawyer and you don’t want to answer any questions, he must stop questioning you.
- You do not have a constitutional right an honest cop. The vast majority of law enforcement officers are honest people, but they can and will lie to you if they believe it will trick you into confessing or otherwise disclosing incriminating information. Never assume they are telling the truth.
- Do not assume that the law enforcement officer knows what he is talking about. The officer may tell you that if you plead no contest you will only pay a small fine for a game violation. He may have witnessed similar cases disposed this way multiple times, but neither he nor the assistant state attorney can speak for or over rule the judge. Once you have pled guilty or no contest to a charge, the judge can impose any sentence he wishes within the guidelines.
I have seen cases where people who had never been arrested before, and were assured that their sentence would only be a small fine, ultimately receive six months probation, thousands of dollars in fees, fines, and costs, and the loss of their hunting license and privileges for two years. Many of these people could have won their cases, or receive lighter sentences had they only had a lawyer.
