WYSE LAW FIRM, P.C., (573) 449-7755

TEN THINGS EVERY CITIZEN SHOULD KNOW ABOUT CRIMINAL JUSTICE:

1. The RIGHT To REMAIN SILENT is the only one that matters; A 17 year old girl who admits to foreplay/sexual contact with her 16 year old boyfriend may spend a year in jail, pay a $1,000 fine, and be registered as a sex offender for the rest of  her life. RSMo. 566.068 -- (IGNORANCE of the LAW is NO EXCUSE.) When questioned by the Government /Police  you need an advocate to protect your rights and guide you through complex legal terrain before talking to a government agent/police officer. Innocent statements (verbal or written) when filtered through an accusing mind often become remembered as incriminating admissions. I’D never make any statement, verbal or written, without the assistance of counsel.

2. The RIGHT to an ATTORNEY to ASSIST the ACCUSED; You must request an attorney to assist them before the right to remain silent truly matters. Even lawyers request another lawyer to assist them when police believe they are associated with a criminal activity.

3. INNOCENTS are IMPRISONED for CRIMES they DIDN'T COMMIT; DNA evidence, which is only a factor in a very small number of cases, has exonerated scores of wrongly imprisoned people and even some sentenced to death. see also (1996 Dept. of Justice Study: Convicted by Juries, Exonerated by Science)

4. EYEWITNESS EVIDENCE is easily CORRUPTED; Studies of DNA exonerations have shown that about TWO-THIRDS of those wrongly convicted were mistakenly chosen as the criminal by one or more eyewitness.  In 1999 the U.S. Dept. of Justice established guidelines to preserve the reliability of eyewitness identifications and prevent witness contamination and as of 2001, only New Jersey has adopted the guidelines. (See also Illinois Commission on Capital Punishment)

5. POLICE and LAB REPORTS CONTAIN ERROR; Some of those wrongly convicted were convicted by Lab Technicians like Fred Zain whom doctored reports to get convictions. A police report ranges from 35 to 85 percent accurate in the reporting of the actual events and is prepared by an investigating Officer in support of the decision to arrest.

6. You DON’T have to GIVE CONSENT TO SEARCH YOUR PROPERTY; You will be held responsible for anything left or placed in your car or home should it be discovered by law enforcement. (NO WARRANT = NO SEARCH)  Many blame the refusal on their lawyer saying things like: "My lawyer told me never to consent to search and an AMERICAN has the right to have his property respected absent a search warrant from a Judge. Many believe they should politely assert their rights or lose them and possibly their freedom.

7. NEVER LIE TO THE POLICE: If you observe rules number 1 & 2 this will not be a problem. Even a harmless lie to save embarrassment will reflect on you through out all future dealings with law enforcement and could result in criminal prosecution. (I'd like to have a lawyer assist me before I decide whether to talk with you.)

8. POLICE PROMISES ARE NOT BINDING: Law enforcement officers are permitted to lie and any promises made by the police are not binding on them in any subsequent prosecution.  Telling a citizen they're looking for A when they are really investigating B is a common police technique to induce trust and cooperation in a suspect. Police Promises of lenient sentences for cooperation are not binding and are regularly ignored by prosecutors. If a deal is to be made only a prosecutor can negotiate on behalf of the state and a lawyer will recognize trapdoors in the deal.

9. An ACCUSATION CARRIES THE PRESUMPTION OF GUILT; Most accusations are justified, but some are motivated by hatred, revenge, mistake, or to misdirect responsibility to someone else. Law enforcement plays the percentages and will arrest when they think the initial complaint is probably what happened. It takes diligence upon the part of the accused and his lawyer to investigate, educate, and persuade. The legal presumption of innocence only works when life is breathed into it by an able lawyer.

10. You don’t have to submit to DWI Field Sobriety Tests; (Refusal to take Breath, Blood, Saliva or Urine test results in a 1 year suspension of license, unless reversed) Field sobriety tests (one leg balance, walk and turn, eyes following finger/light, alphabet, counting, etc.) are very subjective and are rarely performed in accordance with federal standards. You may tell the Officer that you'd like to have your lawyer present before answering any questions or taking any tests and then try and make contact with a lawyer. If asked to take a blood, breath, saliva or urine test and you are unable after a reasonable period of time (20 Minutes) to contact an attorney, you will have to make a decision whether to take this type of test or it will be considered a refusal.

This list is only Personal Observations and it is Not legal advice and does not create an attorney-client relationship with the author

RESPONSES THAT MAY PROTECT YOUR SAFETY & RIGHTS IN A TRAFFIC STOP

 1. BE POLITE; The officer is performing a duty and courteous behavior reflects well upon you at the time and in any future court proceedings. Yes/no Sir/Ma'am or Officer is an appropriate address in any response you give.

 2. PROVIDE YOUR LICENSE, INSURANCE, AND CAR REGISTRATION

 3. BE SAFE: Traffic stops are related to a substantial percentage of Police Officer injuries and fatalities. 1. Turn vehicle off 2. Roll the driver's window down 3. Remain in the car unless instructed otherwise.  When the officer exits the patrol vehicle, the driver should place their hands on the steering wheel with the license and insurance card in hand. If the officer exits the vehicle before you have your license, then place your hands on the steering wheel and wait until the officer asks for them and inform the officer where you have to reach to obtain the documents before obtaining them. Passenger(s) should remain in the vehicle facing forward with their hands on their knees unless directed by the officer to take a different action.

4. IN RESPONSE TO OFFICER QUESTIONS, YOU MAY INVOKE YOUR RIGHT TO A LAWYER TO ASSIST YOU AND YOU MAY OTHERWISE REMAIN SILENT: The officer will likely ask you "Do you know why I pulled you over?" Your response may be "A lawyer told me never to answer any question(s)."  If you add humor, such as "My lawyer told me he'd throw darts at me if I answer any questions" or "My lawyer told me I have to pay him ten dollars every time I answer a question without his assistance." it will lessen the tension of the situation.  Any response you make will be used as evidence against you for any subsequent charge. "Yes, Officer I knew I was speeding, made an illegal lane change, and failed to signal." will be recorded and could result in additional tickets being issued or confirm to the officer he did see an illegal act.

5. You don’t’ have to GIVE CONSENT TO SEARCH YOUR CAR: You may tell the officer "A lawyer told me never to consent to search of my property." You will be held responsible for anything left or placed in your car. If the officer starts to search your car you may tell the officer, in a calm and clear voice, that he doesn't have permission, but don't interfere or obstruct the officer or you could be charged.

6. You don’t have to Submit to DWI FIELD SOBRIETY Tests: (If arrested Refusal to take Breath, Blood, Saliva or Urine test results in a 1 year suspension of license, unless reversed) Field sobriety tests (one leg balance, walk and turn, eyes following finger, alphabet, counting, hand-held breathalyzer used at traffic stop etc.) are very subjective and are rarely performed in accordance with federal standards. You may tell the Officer that you'd like to have your lawyer present before answering any questions or taking any tests and then try and make contact with your lawyer. If requested to take a blood, breath, saliva or urine test and you are unable after a reasonable period of time (20 MINUTES) to contact your attorney, you will have to make a decision whether to take these types of chemical test(s) or it will be a refusal.

7. Reflections of an ex-cop: Traffic enforcement is usually clear cut with the offense usually being observed and the violation clearly understood by the driver with obvious safety implications related to the offense. Personally traffic stops resulted in a warning about 5% of the time. The percentage of warnings increased to 20% if the driver was polite and further increased to about 40% if the driver said something humorous as well. 

This list is only personal observations and it is not legal advice and does not create an attorney-client relationship with the author.

COURTESY OF   WYSE LAW FIRM, P.C., (573) 449-7755 Web site: www.wyselaw.com