The attorneys at CC Weaver & Associates understand that bad things happen to good people. Thankfully, the law presumes that you are innocent until proven guilty in a court of law. If you are arrested, issued a citation, or charged with a crime, you need to know and understand your legal rights. No matter where you find yourself in this process, give the legal professionals at CC Weaver & Associates a call for a free initial consultation and assessment of your case.
In any criminal matter, keep in mind that the prosecutor will bear the burden of proving your guilt. As they say, silence is golden. The less information the prosecution has, the more difficult it is for them to meet this burden. Police officers are trained to solicit as much information from you as possible during a stop. They will lie to you and attempt to trick you to solicit this information. Do not let the uniform deceive you; police officers are not to be trusted. They are not your friends.
In any encounter with a police officer, your first objective is to stay alive. Always remember that officers are armed and dangerous. Additionally, police officers are generally aggressive, prone to violence, and well-trained. Do not be confrontational with an officer. Doing so will not benefit you in any way. When dealing with an officer, be polite and cooperative, and provide the officer with your name, address, and phone number. If asked, also provide the officer with your driver’s license or state-issued identification card. Do not volunteer any additional information. You are not required to answer any other questions or provide any other information without an attorney present.
In a traffic stop, also be prepared to provide the officer with your vehicle registration and proof of insurance.
Never, under any circumstances, consent to an officer performing a search of your person or property, including your vehicle or your home. If an officer even passively asks if it’s “okay” to “take a look” in or at something, that likely means the officers believes he/she needs your consent to perform the search. Do not nod your head or quietly sit by, instead politely inform the officer that you do not consent to the search. Most people, either unintentionally or under the false belief that cooperating with the officer will help their case, do waive their rights, volunteer information, and consent to searches. Do not make one of these mistakes.
Nonetheless, do not attempt to stop an officer from performing a search. While some searches require a warrant, others do not. Do not impede an officer attempting to conduct what you believe is an unlawful search. Remember, your first goal is to stay alive. Politely and respectfully make it clear to the officer that you do not consent to the search. As soon as possible following the search, or even during the search, call your attorney.
The attorneys at CC Weaver & Associates defend all types of criminal cases from traffic infractions to felonies in the first degree. No matter what your predicament, call the attorneys at CC Weaver & Associates. We will be an advocate on your side.
ASSERTION OF YOUR RIGHTS
If ever involved in a traffic stop, be sure to know your rights. The following is a guide to help get you through the stop.
Officer,
I will provide my driver’s license, registration, and proof of insurance.
I will sign a citation, if any, and then want to leave immediately.
I will not answer any questions without an attorney present.
I do not have to do “Field Sobriety Tests” and I refuse to do them.
I do not consent to or want to be recorded.
I do not consent to my person, car, or other property being searched.
If I am arrested I want an attorney now.
I do not waive my rights.
If you want me to take a breath or blood test, I want to talk to my attorney, Craig Weaver, first.
Mr. Weaver can be reached at (916) 941-5184, 24 hours a day, 7 days a week.
If he cannot be reached, I want to talk to a public defender or some other attorney.
I will submit to a breath or blood test.
If I am requested to take a breath or blood test, I also want an additional legal blood test.
If I am not under arrest, I want to leave now. Please tell me so I may lock my car and walk away.
Thank you.
DUI DEFENSE
You should never drive intoxicated. However, the attorneys at CC Weaver & Associates understand that often times individuals who may have had one or two drinks over the course of a few hours are charged with a DUI, and for others they have simply made an error in judgment.
In California, a DUI charge is a serious offense. A California DUI arrest actually generates two separate cases: (1) a Department of Motor Vehicles case; and (2) a criminal court case. An individual facing a DUI charge has only 10 days from the date of arrest, including weekends and holidays, to request a DMV hearing, or risks having his or her driver’s license automatically suspended.
A California DUI court case begins with arraignment. The driver will be asked to enter a plea of guilty or not guilty. Every experienced criminal defense attorney will advise his or her client to plead not guilty at arraignment until the facts of the case can be examined and an appropriate defense strategy established. There are many proven defense strategies available to effectively fight a DUI charge, and many good reasons to fight such a charge. Call the attorneys at CC Weaver & Associates to have an experienced advocate on your side.
