Criminal Law FAQ

In General, You Have a Right to an Attorney Present During Questioning
At Thrush Law Group, our Tucson criminal defense lawyers can prevent police from asking questions that are in violation of your rights.

There’s an exception to note: If you are suspected of driving under the influence, you may not have a right to an attorney when the police ask you to take a breath test or to give a blood sample to determine alcohol or drug presence.

You Just Got Arrested, What are Your Rights
When police in Arizona arrest you, they are supposed to read you your rights, and they usually do this from a card they carry to make sure they get the wording exactly right.

It’s known as “Mirandizing” the suspect.

This stems from a Supreme Court decision in 1966 that affirmed that statements made by a suspect before they are informed of their right to retain an attorney or their right to remain silent can be deemed inadmissible in a court of law.

In most situations, police will Mirandize a suspect as they are putting the handcuffs on or as they are putting the suspect in the car.

It has to be done before any statements made by the suspect are admissible in court.

If you are not read your Miranda rights, it does not mean the arrest will be deemed to be a false arrest by a judge.

It does mean than any statements recorded from you will not be permitted in court.

You Don’t Have to Incriminate Yourself Under U.S. law
This is also known as the right to remain silent.

Any time you talk after an arrest, the police can use the information you give them during an investigation, and the statements can be used by the prosecutor or evaluated by a judge during a trial.

If the police ask to search your property, you do not have to give them permission to do so.
They cannot just go ahead and search your property unless they have “probable cause” or a search warrant signed by a judge with jurisdiction over the physical location the target property is in.

For example, if police spot something out in the open and determine there was “no reasonable expectation of privacy,” the police can go ahead with a search of your property immediately without a search warrant.

Before the Official Arrest
From the moment you are stopped, you can be questioned and even searched by police, but you do have certain rights, even before your Miranda rights are read as part of an official arrest:

• Pre-arrest questioning: Although you should always remain polite, you are not required to answer police questions during a stop. While your answers at this point are technically not allowed to be used against you in court, even an innocent response can serve to incriminate yourself. Self-incrimination is not required under the law.
• Searches: Arizona law states that a search warrant is required for police to conduct a search ? however, warrantless searches are permitted under certain circumstances. For example, they can search your vehicle if you are arrested in that vehicle. When the police have neither a warrant nor grounds for a warrantless search, they can search you or your property if you give them permission to do so.

You are not required to give this permission.

After the Arrest
Your constitutional rights protect you once you are placed under arrest.

These rights are called Miranda rights, which should be read to you at the time of your arrest, and they guarantee you the right to remain silent, and the right to an attorney.

The success of your criminal law defense often rides on your observation of your Miranda rights.

Once you receive Miranda rights, anything you say to law enforcement or other officials can be used against you during your trial.

This is why it is so critical to take advantage of your right to a criminal defense lawyer.

Our criminal defense lawyers remain at your side during questioning to ensure all questions are legally permitted and to advise you on how to respond.

Do not forget that one of your rights is to have the court appoint an attorney if you cannot afford one.