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New York Arrest

Your Rights When Arrested

A New York DUI Lawyer can agree that contending with an arrest can be a very frightening experience. If you or a loved one has been arrested for a DUI or DWAI charge, it is important to know your rights regarding the criminal law process. Being aware of your rights and the laws that pertain to your case can help protect you in court and possibly lessen the impact of the charge. Speak with a skilled New York Drunk Driving Lawyer from Stephen Bilkis & Associates, PLLC for legal guidance and advice.

What Happens if I am Arrested?

If you are detained or arrested by the police, you are not required to answer any questions other than providing basic information such as your name, address and providing your identification.

What Rights Do I Have if I am Arrested?

If you are arrested, before you can be legally questioned you must be read your Miranda Rights:

  • You have the right to remain silent;
  • Anything you say can be used against you;
  • You have a right to have a lawyer present while you are questioned;
  • If you cannot afford a lawyer, one will be appointed for you.

Once you have been read your Miranda warning, you must agree to give up those rights before an officer can legally question you. It is important to know that Miranda Rights only apply if you have been actually arrested. If you are not arrested, there is no legal requirement for a police officer to warn you. In this case, anything you say can be used against you.

Once I Have Been Read My Rights, Can I Be Questioned?

You can be questioned without a lawyer present, if you clearly give up your rights and have an understanding of what you are giving up. It is generally recommended that you do not say anything unless a skilled New York DUI Lawyer from Stephen Bilkis & Associates, PLLC is present.

The police have a right to require physical evidence for you. You may be requested to take a test to measure the amount of alcohol in your system. If you refuse to take the test, your driver’s license can be suspended and the refusal to take the test can be used against you in court.

Once you have been arrested and booked, you will be fingerprinted and photographed, and you should have the right to make a phone call.

Who Can Arrest Me?

Any law enforcement officer, on or off duty in most instances can arrest you. You can be arrested if the police officer has probable cause or a good reason to believe that you have committed an offense.

Can I be Searched?

If you are arrested, the police officer has the right to search you without a warrant for evidence, weapons, or illegal stolen goods. Your car and your trunk can be searched without your consent if the police officer has reason to believe that you may be in possession of illegal or stolen goods. If the police stop you initially for anything (like a broken taillight), they can confiscate any illegal goods that are in plain sight. If there are grounds for the police to impound your car, your car can be impounded and the police can search the entire vehicle, including closes compartments.

If you have been arrested for a DUI, it is important to speak with an experienced New York DWI Lawyer from our team right away. The process of arresting an individual can be legally complicated, and your lawyer should ensure that every step in your arrest was conducted properly. The office of Stephen Bilkis & Associates, PLLC has experienced DUI lawyers that can aggressively defend your rights. We want to help you obtain the best possible result for your case. When you visit our office, we can provide you with legal advice as well as a free consultation. Whether you believe that there is a mistake with your Breathalyzer Test results, or you have been charged with a Felony DWI, we want to help. Come into any of office locations, serving Manhattan, Queens, Brooklyn, the Bronx and Staten Island. We also serve Westchester County, and Suffolk County and Nassau County on Long Island. Call us today to obtain more information and schedule your free consultation at 800.696.9529.