Being arrested for any criminal offense places you in a vulnerable position. Police officers are trained to gather evidence against you from the first point of contact through the arrest sequence. This strategy includes documenting any remarks you make that signal guilt.
Legal professionals describe these comments as self-incriminating statements. You have a constitutionally protected right to remain silent while in custody. Speak with an Arizona criminal lawattorney before issuing any formal statements to the police during the arrest process or afterward.
What are Self-Incriminating Statements?
Self-incriminating statements are remarks you provide to law enforcement officers that the state of Arizona can later use against you in court. What you say before, during, and after your arrest can provide prosecutors fodder to demonstrate your guilt.
It is critical to remember that your right to remain silent is a constitutionallyprotected right under theFifth Amendment. You are not legally obligated to make incriminating statements against yourself at any point, no matter what anyone says.
When Defendants Issue Self-Incriminating Statements
It is easy to imagine that no one would ever say anything to jeopardize his or her case. Unfortunately, it happens more often than you would think. In general, defendants are not even aware that they said anything that was self-incriminating.
These subtleties of communication are essential to a prosecutor’s case against you. For this reason, instead of saying anything at all that might inadvertently hurt your case, reach out to a criminal defense attorney right away.
Interception of Jail Communications
The most common way defendants make self-incriminating statements is via internal jail communication. If you find yourself in the custody of law enforcement, it is imperative to assume that everything you are doing, saying, and writing is being intercepted and reviewed.
Guards and administrators may intercept and document the following communications while you are in jail:
- Your telephone conversations
- Your mail correspondence
- Your discussions with guards and other inmates
Any items in the previous list can be submitted as evidence during your pending trial in court. However, you are free to speak openly with your attorney at any point, free from self-incrimination.
Little Knowledge of Protected Rights
Self-incrimination often occurs when the individual being arrested does not understand that he or she can assert this right without penalty. If there is any takeaway from this article, remember that your right to remain silent cannot be challenged or taken away by law enforcement as long as you alert the arresting officer that you are invoking your Fifth Amendment right under the U.S. Constitution.
Avoiding Self-Incrimination While in Custody
If you have been arrested for a criminal offense, invoke your right to remain silent until you can speak with your lawyer. He or she will provide further instructions as to how to proceed. Any violation of your rights while in custody means that the state of Arizona may have to dismiss the charges against you.
You do not have to face the courtroom alone. Arja Shah Law is a criminal defenselaw firm in Phoenix, Arizona that is known for its skill in aggressively representing clients during the toughest moments of their lives. You can schedule a consultation with our team by calling (602 888-0369 or sending us a quick message through our requestform.
What You Should Know About a Prescription Drug DUI in Arizona
Operating a motor vehicle under the influence of prescription drugs is illegal in the state of Arizona. Narcotic medications, in particular, cause the driver to become intoxicated in the same manner as illicit drugs and alcohol.
If you are charged with a prescription DUI in Arizona, you will discover that the consequences are severe and will affect your life for a long time. Working with an experienced Arizona DUIlawyer means you have someone to fight on your behalf while keeping your case on track toward the best possible outcome.
In any criminal law case, knowledge is power for defendants. Here are a few critical points regarding prescription DUI charges that you may want to consider:
How an Offer can Tell if You are Under the Influence of Prescription Drugs
Police officers receive standard and specialized training related to assessing your ability to safely operate a motor vehicle. During your traffic stop, the responding officer begins his or her sobrietytest without you even knowing it. He or she is looking for signs of drug use, including odd behavior and the inability to respond to routine questions.
The officer typically administers a Breathalyzer test to assess your blood alcohol content (BAC). If he or she rules out alcohol but still suspects that you are under the influence of drugs, then he or she can request that you take a chemical test. The chemical test examines your blood to determine which chemicals are in your system.
Individuals holding an Arizona drivers’ license have submitted to implied consent laws by default. Implied consent is an agreement you made to submit to breath and chemical tests at the request of a police officer under good cause. The state automaticallysuspends your driver’s license for refusal to take these tests.
Penalties for a First-Time Prescription Drug DUI
Arizona is a state known for having the strictest DUI laws in the country while imposing even more stringent penalties. Even with a valid prescription, police officers can still arrest you for driving under the influence of narcotics and psychoactive medications.
Prescription drug DUIs are classified and treated in the same manner as alcohol and illegal drug-related DUIs. A first-time prescription drug DUI in Arizona is a Class I Misdemeanor in most cases. Prosecutors can elevate charges in the event of an aggravated circumstance such as hitting a pedestrian or having minors in the vehicle.
Penalties for a first-time DUI in Arizona may include:
- A jail sentence of no less than ten days (courts can suspend up to nine days)
- A minimum fine of $1,250
- Alcohol screening, treatment, and education
- The installation of an interlock device
- Community service
Penalties for anaggravated or extreme prescription DUI carry even harsher sentences and may include the following consequences:
- A jail sentence of no less than thirty days
- A minimum fine of $2,500
- Alcohol screening, treatment, and education
- The installation of an interlock device
- Community service
- No possibility of probation
As you can see, the stakes are high when charged with a prescription drug DUI. Consider discussing your options with the insight of an experienced an Arizona DUI attorney. He or she protects your rights while providing the best possible defense in the courtroom.
How a DUI Attorney Defends You in Court
A DUI attorney licensed to practice in Arizona offers you a fighting chance at beating or reducing the charges pending against you. Some defenses and counterarguments he or she uses may include:
- The responding officer did not have probable cause to pull you over in the first place.
- Blood and chemical tests were contaminated or improperly administered.
- The state lacks enough evidence to prove you were under the influence of prescription drugs.
- You were not aware that your prescription drug caused impairment.
Facing prescription drug DUI charges is stressful when you feel no one is in your corner. Hiring a DUI attorney can help you feel like you are getting the best help possible. He or she can fiercely advocate and negotiate on your behalf before and during the trial phase.
Consider working with Arja Shah Law. The firm’s founder, Arja Shah, is a leading DUIlawyer in Phoenix, AZ, known for her bold yet client-centered approach. You can discuss your case with Ms. Shah by calling (602) 560-7408 or by sending her a message through the firm’s requestform.
