If you are charged with a crime, you may be facing serious consequences such as hefty fines, jail time, probation, a tainted record, and more. Not having an experienced criminal defense lawyer with a stellar reputation by your side can cost you a lot more than just money.
If you’ve been accused of committing a crime, whether it’s a misdemeanor or felony, your top priority is to prepare for your next scheduled court date. The best way to do this is by immediately seeking the help of a qualified lawyer with extensive experience in the field of criminal defense law. One of the most important criteria when selecting an attorney for your case is “trust.” But how do you know who to trust?
Follow these legal tips to ensure you choose a good criminal defense lawyer who can aggressively defend your legal rights, negotiate with prosecutors to reduce your charges or minimize your penalties, and ensure your interests are fully protected:
DO pick an attorney that practices criminal law
Whether or not your particular case will be settled through a plea bargain or headed for trial, it is vital to choose an attorney who is knowledgeable in criminal law and is able to try your case in front of a jury. Lawyers who have no experience defending criminal cases won’t have a comprehensive understanding of the rules of evidence, will have difficulty identifying the weaknesses and strengths of your case, and will have little credibility to negotiate a good deal for you.
DO watch out for a lawyer that practices in various areas
A lawyer who practices personal injury law one day, divorce the next, and criminal defense after that lacks the experience and knowledge necessary to provide you with the commitment or specialization that your case requires. Only choose attorneys who practice criminal law exclusively.
DO steer clear of lawyers that guarantee a result
If you consult with a lawyer who promises you certain results—particularly before he’s even evaluated your case—immediately cross him/her off your list. Criminal law is complicated and every case is unique. There are no guarantees or simple answers. Any attorney who makes promises to obtain certain results in a criminal law case is not worth your trust.
DO choose a lawyer that can clearly explain your situation and your legal rights
Your lawyer should be able to simply and clearly explain the criminal charges against you, what they entail, your legal rights, what prosecution has to prove, and how evidence can be used against you in court. Your criminal law lawyer should also explain the possible consequences you may face for your charges. And remember, a lawyer should always be direct, honest, and to the point, rather than promising that you will “win your case.”
DON’T bargain shop for a criminal lawyer
While an affordable attorney is a legitimate concern, it should never be the main priority. There are too many things at stake and you need the best attorney who can ensure your rights and interests are fully protected every step of the way. Attitude, compassion, and experience are very important when it comes to choosing a criminal law lawyer.
Many lawyers will quote a flat fee, but this fee is not just for the hours they may work on your case. You are also paying for their skills, experience, and qualifications. Fees are often based on the difficulty of the case and the amount of time the lawyer and staff spend researching and preparing. Expect a larger fee if your case is expected to go to trial.
DON’T be scared to discuss lawyer fees
You have a right to know how much a criminal law lawyer will charge you before deciding to hire him or her. The lawyer should be able to tell you during the initial consultation how much the services will cost you.
DON’T choose a lawyer that can’t answer your questions or address your concerns
Does the lawyer answer all of your questions using language and terms that you can understand? Does he/she return your phone calls and spend time with you going over your case? Are you frequently updated on the circumstances surrounding your case? A good criminal law lawyer should be able to provide you with all of the above services and make you feel relaxed and at ease. If you experience a bad feeling with one lawyer, seek the assistance of another one.
Source: http://www.criminal-law-lawyer-source.com/tips/qualified_defense_lawyer.html
Tuesday, August 25, 2009
Tuesday, August 18, 2009
Meeting with a Criminal Lawyer
The criminal justice system is usually a very scary thing for anyone in the crosshairs of a prosecutor, which makes it only more imperative to be represented by a good lawyer. One way to improve your chances of getting the best lawyer is to be prepared for your first meeting. Otherwise, it can be a big waste of time for both you and the lawyer. First impressions mean a lot, and being unprepared may result in the lawyer not wanting to represent you.
A criminal defense lawyer will want to know who you are and how you can be contacted. The lawyer may also ask for a personal and business background. He or she will clearly want to understand your situation. Thus, you need to write down anything that you consider be relevant background information and have it available for the lawyer. Also bring along any documents that you have, like:
Some criminal attorneys will ask you to describe the events which occurred. Some will ask you to describe what the police are alleging that you did, before going into the events as you saw them. Criminal actions frequently involve very different events from the perspectives of the police and the defendant.
Before you get too far into a meeting or conversation, the lawyer is going to want to know about possible conflicts of interest. You should bring a list of other employees who may be witnesses or defendants. You should also bring any information that you have. If the lawyer or the lawyer's firm represents anyone on the other side of the fence, he or she will have a conflict and will usually not be able to represent you.
Prepare a list of questions to take with you to your first meeting. You have to feel comfortable with your attorney. Remember that your lawyer is working for you. You want someone who is skilled, but you also have to get along with your lawyer. In theory, no question is too silly to ask. Keep in mind, though, that you do not want to scare a lawyer out of representing you. Questions you might ask a lawyer would include:
Source: http://criminal.lawyers.com/Criminal-Preparing-to-Meet-with-a-Lawyer.html
A criminal defense lawyer will want to know who you are and how you can be contacted. The lawyer may also ask for a personal and business background. He or she will clearly want to understand your situation. Thus, you need to write down anything that you consider be relevant background information and have it available for the lawyer. Also bring along any documents that you have, like:
- Any documents you received from the court showing your charges and next court appearance date
- Your bail papers
- If your property was searched, any paperwork the police left
- Any documents you think are important to the case for the lawyer to review. If you can get a copy of the police report that will really assist the attorney
Some criminal attorneys will ask you to describe the events which occurred. Some will ask you to describe what the police are alleging that you did, before going into the events as you saw them. Criminal actions frequently involve very different events from the perspectives of the police and the defendant.
Before you get too far into a meeting or conversation, the lawyer is going to want to know about possible conflicts of interest. You should bring a list of other employees who may be witnesses or defendants. You should also bring any information that you have. If the lawyer or the lawyer's firm represents anyone on the other side of the fence, he or she will have a conflict and will usually not be able to represent you.
Prepare a list of questions to take with you to your first meeting. You have to feel comfortable with your attorney. Remember that your lawyer is working for you. You want someone who is skilled, but you also have to get along with your lawyer. In theory, no question is too silly to ask. Keep in mind, though, that you do not want to scare a lawyer out of representing you. Questions you might ask a lawyer would include:
- What would the lawyer like to see in order to evaluation your case?
- What might your other options be?
- How many similar cases has he or she handled?
- What percent of his or her practice is in the area of expertise that you need?
- Does the lawyer usually represent employers or employees?
- What problems does the lawyer foresee with your case?
- How would the lawyer go about handling your situation? What is the process, including the different stages, arraignment, filing of motions, motions hearing, disposition conference, trial?
- How long will it take to bring the matter to a conclusion?
- Does the lawyer ever plea bargain? All the time? Never? Either of those answers could be a problem. Some cases likely should be plea bargained. Other cases likely should go to trial.
- How would the lawyer charge for his or her services?
- Will the lawyer accept a payment agreement for the services that extends beyond the representation?
- Would the lawyer handle the case personally or would it be passed on to some other lawyer in the firm? If other lawyers or staff may do some of the work, could you meet them?
Source: http://criminal.lawyers.com/Criminal-Preparing-to-Meet-with-a-Lawyer.html
Tuesday, August 11, 2009
Understanding DUI and DWI Defenses
In deciding which defenses could apply in your driving while intoxicated (DWI) case, your lawyer will look at all the evidence produced by the police and interview witnesses. Some common defenses seen in DWI cases include:
The defenses to field sobriety tests are often the same as with officer observations. Medications and lack of sleep can make it considerably more difficult to perform these tests. Many people also have physical impairments caused by injuries - or simply aging -that make it impossible to perform these tasks under ideal conditions.
Your lawyer may cross-examine the arresting officer in detail as to whether the officer asked you if you had physical impairments or there were particular circumstances that would make it difficult to perform the tests. Your lawyer may also point out to the jury that many jury members may have similar difficulties performing the tests, such as by asking the jury if they could recite the alphabet backwards under the best of circumstances.
All states have lowered the BAC level defining intoxication to .08, and have "zero tolerance" laws that make it illegal for people under 21 to operate a vehicle with little or no amount of alcohol in their blood.
Many states also have more severe DWI or DUI penalties for driving with a high BAC, which is often defined as a level measuring more than .15 to .20.
Your BAC can be determined from a blood draw, which is often automatically taken if you are involved in an accident and there is a suspicion that you may have been drinking. Your blood will also be drawn if you are taken to the hospital because the police are concerned that you may have had so much to drink that you are in danger of alcohol poisoning and should be hospitalized for observation and/or treatment.
Most DWI suspects have their blood tested by blowing into a breath testing device. These devices can be faulty and not well-maintained or properly calibrated. They can register false results based on your consumption of food and other non-harmful substances other than alcohol or drugs.
Your attorney will likely subpoena police records on how the breath testing machine operates and was maintained and calibrated. Your lawyer may also want to bring in expert testimony that the particular breath testing machine the officer used is notorious for malfunctioning.
Depending on the jurisdiction, another defense to breath testing machines arises when the physical breath tests aren't preserved as evidence, allowing for independent testing later. Your attorney can argue that there's no way to know if the machine that was used was accurate, if your breath samples can't be independently tested.
Many of the defenses against DWI charges require a lawyer's expertise and experience. If you've been charged with DWI, it's important to contact a lawyer right away.
Source: http://criminal.lawyers.com/DUI-DWI/DUI-DWI-Defenses.html
Driving Observation Defenses
The prosecutor always relies (sometimes exclusively) on the arresting police officer's testimony about how a DWI suspect was driving, including:- Very slow speeds
- Uneven speeds (very fast, then very slow, for example)
- Weaving from one side of a lane to the other
- Crossing the center line of the highway
- Running a red light
- Hesitation in going through a green light
Behavior Observation Defenses
An officer may also testify as to a DWI suspect's appearance and behavior when questioned, including:- Slurred speech
- Bloodshot eyes
- Inappropriate joking or incoherent speech
- Stumbling or not being able to walk very far
- Pupil enlargement
- Lack of sleep
- Allergies
- Contact lenses
- Stress due to personal circumstances
- Medications
- Foods recently ingested
- Nervousness over being stopped by police
- Physical impairments
Field Sobriety Test Defenses
When an officer suspects you may be too intoxicated to drive, he or she will likely ask you to perform what are called "field sobriety tests." These tests are designed to assess your physical and mental alertness, and can include:- Walking a straight line
- Walking backwards
- Reciting the alphabet, frontwards or backwards
- Standing on one leg
The defenses to field sobriety tests are often the same as with officer observations. Medications and lack of sleep can make it considerably more difficult to perform these tests. Many people also have physical impairments caused by injuries - or simply aging -that make it impossible to perform these tasks under ideal conditions.
Your lawyer may cross-examine the arresting officer in detail as to whether the officer asked you if you had physical impairments or there were particular circumstances that would make it difficult to perform the tests. Your lawyer may also point out to the jury that many jury members may have similar difficulties performing the tests, such as by asking the jury if they could recite the alphabet backwards under the best of circumstances.
Blood Alcohol Content Defenses
When you consume alcoholic drinks, the alcohol is absorbed into your blood stream. The level of alcohol in your blood, called the Blood Alcohol Content ("BAC") can be measured by different tests. In all states, you're presumed to be drunk and unable to safely operate a vehicle if your BAC is .08 or greater. This measurement means that your blood contains eight/ one-hundredths percent of alcohol.All states have lowered the BAC level defining intoxication to .08, and have "zero tolerance" laws that make it illegal for people under 21 to operate a vehicle with little or no amount of alcohol in their blood.
Many states also have more severe DWI or DUI penalties for driving with a high BAC, which is often defined as a level measuring more than .15 to .20.
Your BAC can be determined from a blood draw, which is often automatically taken if you are involved in an accident and there is a suspicion that you may have been drinking. Your blood will also be drawn if you are taken to the hospital because the police are concerned that you may have had so much to drink that you are in danger of alcohol poisoning and should be hospitalized for observation and/or treatment.
Most DWI suspects have their blood tested by blowing into a breath testing device. These devices can be faulty and not well-maintained or properly calibrated. They can register false results based on your consumption of food and other non-harmful substances other than alcohol or drugs.
Your attorney will likely subpoena police records on how the breath testing machine operates and was maintained and calibrated. Your lawyer may also want to bring in expert testimony that the particular breath testing machine the officer used is notorious for malfunctioning.
Depending on the jurisdiction, another defense to breath testing machines arises when the physical breath tests aren't preserved as evidence, allowing for independent testing later. Your attorney can argue that there's no way to know if the machine that was used was accurate, if your breath samples can't be independently tested.
Many of the defenses against DWI charges require a lawyer's expertise and experience. If you've been charged with DWI, it's important to contact a lawyer right away.
Source: http://criminal.lawyers.com/DUI-DWI/DUI-DWI-Defenses.html
Tuesday, August 4, 2009
Federal and State Constitutions - why understand them?
The United States Constitution provides fundamental rights which cannot be denied. All law must comply with the basic fundamental rights and guarantees provided by the United States Constitution. The protections afforded under the Constitution of the United States, as well the constitutions of the various states, are provided to all persons. Any law which violates constitutional law may be overturned through the court system and thus prosecution based upon such law would be prohibited. Courts are routinely asked to determine whether the prosecution of a person would violate Constitutional law.
The following are some very important provisions of the United States Constitution with respect to criminal matters:
The Fourth Amendment prohibits unreasonable search and seizure. It states that a warrant shall be issued based upon probable cause, supported by oath or affirmation which describes the place to be searched and the person or things to be seized. There are many exceptions to the warrant requirement, such as exigent circumstances (an emergency which requires immediate action), consent, and search and seizure incident to an arrest. Some detentions ("seizures of persons") may proceed upon less than probable cause.
The Fifth Amendment provides several critical protections:
prohibition against double jeopardy (you may not be tried more than once for the same offense)
prohibition against self-incrimination (you may not be forced to testify against yourself)
prohibition against deprivation of life, liberty or property without due process of law
The Sixth Amendment provides you with:
the right to a speedy and public trial by an impartial jury
the right to be informed of the law and potential punishment faced for violation of the law
the right to confront (examine at trial) witnesses against you
the right to compel witnesses in your favor to appear and testify at trial
the right to have an attorney for your defense
The Eighth Amendment prohibits excessive bail, excessive fines and cruel and unusual punishments.
The Fourteenth Amendment:
prohibits all States from enacting or enforcing any law which violates the privileges and immunities of the citizens of the United States
prohibits all States from depriving a person of life, liberty or property without due process of law
mandates that all persons are entitled to equal protection of the laws.
States are also prohibited, under Article 1, Section 10 of the United States Constitution, from making any "ex post facto law." An ex post facto law is a law that applies to crimes which were committed before the enactment of the law. Thus, a person can not be prosecuted for violation of a law which was made after the person committed the crime.
In addition to the United States Constitution, each State has enacted its own State Constitution. These state constitutions may provide additional fundamental rights and guarantees.
Source: http://criminal-law.freeadvice.com/criminal-law/federal_state._constitutions.htm
The following are some very important provisions of the United States Constitution with respect to criminal matters:
The Fourth Amendment prohibits unreasonable search and seizure. It states that a warrant shall be issued based upon probable cause, supported by oath or affirmation which describes the place to be searched and the person or things to be seized. There are many exceptions to the warrant requirement, such as exigent circumstances (an emergency which requires immediate action), consent, and search and seizure incident to an arrest. Some detentions ("seizures of persons") may proceed upon less than probable cause.
The Fifth Amendment provides several critical protections:
prohibition against double jeopardy (you may not be tried more than once for the same offense)
prohibition against self-incrimination (you may not be forced to testify against yourself)
prohibition against deprivation of life, liberty or property without due process of law
The Sixth Amendment provides you with:
the right to a speedy and public trial by an impartial jury
the right to be informed of the law and potential punishment faced for violation of the law
the right to confront (examine at trial) witnesses against you
the right to compel witnesses in your favor to appear and testify at trial
the right to have an attorney for your defense
The Eighth Amendment prohibits excessive bail, excessive fines and cruel and unusual punishments.
The Fourteenth Amendment:
prohibits all States from enacting or enforcing any law which violates the privileges and immunities of the citizens of the United States
prohibits all States from depriving a person of life, liberty or property without due process of law
mandates that all persons are entitled to equal protection of the laws.
States are also prohibited, under Article 1, Section 10 of the United States Constitution, from making any "ex post facto law." An ex post facto law is a law that applies to crimes which were committed before the enactment of the law. Thus, a person can not be prosecuted for violation of a law which was made after the person committed the crime.
In addition to the United States Constitution, each State has enacted its own State Constitution. These state constitutions may provide additional fundamental rights and guarantees.
Source: http://criminal-law.freeadvice.com/criminal-law/federal_state._constitutions.htm
Tuesday, July 28, 2009
What To Do If You Are Pulled Over For Suspected DUI
Okay, so you have been pulled over by a police officer. The officer has already asked for your license and registration, which you are required to provide, and begins to inquire about your recent alcohol consumption. Asking how many drinks you had tonight, the officer suspects that you might be intoxicated. What do you do?
Because the Fifth Amendment protects you from self-incrimination, you have the right to refrain from answering any and all questions that the police officer asks you. This means that you do not have to tell the officer how many drinks you had. You do not have to answer the interrogating questions. If you are afraid that you might slur your words or fear your nervousness will cause your speech to stumble, you have the right to remain completely silent or cite your right to refrain from speaking. If you do not say anything, the officer can't testify later in court that you were slurring when he pulled you over. Your refusal to speak can not be held against you.
Do NOT get out of your car unless the officer asks you to do so. First of all, police officers tend to get very defensive if you jump out of the car when they pull you over. The officer doesn't know if you are armed or what your intentions are when you suddenly flee your vehicle, therefore it is not wise to give them the wrong idea. If the officer orders you to get out of the car and asks you to perform any number of field sobriety tests, you are not required to complete any of these tests.
Field sobriety tests are NOT the same as chemical testing which is discussed below. Field sobriety tests check for coordination and balance--acts people don't normally perform sober or drunk--can set you up for failure. In most states, you are not required by law to complete these tests and refusal to comply cannot be held against you. While these strange exercises are called “tests” to give them the feel of authority, they are merely subjective tests which are performed to give the police officer more “proof” that you are under the influence. No matter how well you perform these “tests” they can be manipulated and used against you in a court of law. Why incriminate yourself through ridiculous roadside stunts?
The breathalyzer is a device used by the police to determine your blood alcohol content. The accuracy of these tests is suspect. They do not always provide correct information about one's level of intoxication. All states have what is called an Implied Consent Law . The government has decided that when you obtain a driver's license, it is a privilege that comes with certain implicit obligations. By obtaining a license, you (unknowingly) have agreed to submit to chemical testing of your blood, breath, or urine, at the request of a police officer. If you refuse to comply with chemical testing, such as the Breathalyzer, you will receive automatic vehicle sanctions. Usually your license will be automatically suspended for failure to comply with chemical testing.
Currently all states, besides Nevada, automatically revoke a person’s license for refusing to submit to chemical testing. Some states have enacted harsher penalties—including jail time and revoked registration—for refusing to submit to chemical testing. In some cases, however, it may be in your best interest to refuse DUI breath tests and other chemical testing to avoid harsher penalties or inaccurate results. You may wish to speak with a qualified criminal defense attorney in your area about your state’s laws and the best way to approach chemical testing.
So you may submit to chemical testing of your blood, breath, or urine. While there are benefits and drawbacks to each method of chemical testing, breath tests tend to be the least reliable method. Blood tests tend to be the most fair and accurate tests, though these are not always offered to a suspect. If a chemical test shows that you have a blood alcohol level of 0.08 or greater, this is enough to prove that you are legally intoxicated and you may be arrested on criminal DUI/DWI/OUI charges. There are circumstances where a lower BAC may elicit a DUI arrest.
While you must submit to chemical testing, these tests are not infallible and do not necessarily mean you will be convicted of a DUI. If you are charged with a drunk driving offense, it is vital that you speak with a qualified and experienced attorney as soon as possible. In some cases a DUI attorney can have the record of your chemical testing suppressed so that it is not even presented as evidence in your case. Your DUI attorney may be able to show that your chemical test was not accurate and have the results deemed inadmissible in your case. In any case, it is wise to have a competent and experienced DUI attorney on your side. To learn more about drunk driving and DUI laws in your area, please contact a qualified DUI attorney near you.
Source: http://www.criminal-law-lawyer-source.com/tips/pulled-over.html
Because the Fifth Amendment protects you from self-incrimination, you have the right to refrain from answering any and all questions that the police officer asks you. This means that you do not have to tell the officer how many drinks you had. You do not have to answer the interrogating questions. If you are afraid that you might slur your words or fear your nervousness will cause your speech to stumble, you have the right to remain completely silent or cite your right to refrain from speaking. If you do not say anything, the officer can't testify later in court that you were slurring when he pulled you over. Your refusal to speak can not be held against you.
Do NOT get out of your car unless the officer asks you to do so. First of all, police officers tend to get very defensive if you jump out of the car when they pull you over. The officer doesn't know if you are armed or what your intentions are when you suddenly flee your vehicle, therefore it is not wise to give them the wrong idea. If the officer orders you to get out of the car and asks you to perform any number of field sobriety tests, you are not required to complete any of these tests.
Field sobriety tests are NOT the same as chemical testing which is discussed below. Field sobriety tests check for coordination and balance--acts people don't normally perform sober or drunk--can set you up for failure. In most states, you are not required by law to complete these tests and refusal to comply cannot be held against you. While these strange exercises are called “tests” to give them the feel of authority, they are merely subjective tests which are performed to give the police officer more “proof” that you are under the influence. No matter how well you perform these “tests” they can be manipulated and used against you in a court of law. Why incriminate yourself through ridiculous roadside stunts?
The breathalyzer is a device used by the police to determine your blood alcohol content. The accuracy of these tests is suspect. They do not always provide correct information about one's level of intoxication. All states have what is called an Implied Consent Law . The government has decided that when you obtain a driver's license, it is a privilege that comes with certain implicit obligations. By obtaining a license, you (unknowingly) have agreed to submit to chemical testing of your blood, breath, or urine, at the request of a police officer. If you refuse to comply with chemical testing, such as the Breathalyzer, you will receive automatic vehicle sanctions. Usually your license will be automatically suspended for failure to comply with chemical testing.
Currently all states, besides Nevada, automatically revoke a person’s license for refusing to submit to chemical testing. Some states have enacted harsher penalties—including jail time and revoked registration—for refusing to submit to chemical testing. In some cases, however, it may be in your best interest to refuse DUI breath tests and other chemical testing to avoid harsher penalties or inaccurate results. You may wish to speak with a qualified criminal defense attorney in your area about your state’s laws and the best way to approach chemical testing.
So you may submit to chemical testing of your blood, breath, or urine. While there are benefits and drawbacks to each method of chemical testing, breath tests tend to be the least reliable method. Blood tests tend to be the most fair and accurate tests, though these are not always offered to a suspect. If a chemical test shows that you have a blood alcohol level of 0.08 or greater, this is enough to prove that you are legally intoxicated and you may be arrested on criminal DUI/DWI/OUI charges. There are circumstances where a lower BAC may elicit a DUI arrest.
While you must submit to chemical testing, these tests are not infallible and do not necessarily mean you will be convicted of a DUI. If you are charged with a drunk driving offense, it is vital that you speak with a qualified and experienced attorney as soon as possible. In some cases a DUI attorney can have the record of your chemical testing suppressed so that it is not even presented as evidence in your case. Your DUI attorney may be able to show that your chemical test was not accurate and have the results deemed inadmissible in your case. In any case, it is wise to have a competent and experienced DUI attorney on your side. To learn more about drunk driving and DUI laws in your area, please contact a qualified DUI attorney near you.
Source: http://www.criminal-law-lawyer-source.com/tips/pulled-over.html
Sunday, July 26, 2009
What is Criminal Law?
Criminal Law is the name given to the branch of law that governs an individual's relationship to the state. It includes the definitions of criminal offenses, which are usually established by Congress or state legislatures. The term "criminal law" also encompasses the rights of an accused and the criminal process, including arrest, arraignment, grand juries, pleas, discovery, pretrial hearings, trials, jury selection, evidence, motions, and posttrial remedies. The main purpose of the criminal law is to set forth the punishment for criminal offenses. In order to prove any crime, no matter how serious, the prosecutor must prove that the accused committed a guilty act with a guilty mind beyond a reasonable doubt. Please read on to find a criminal defense attorney, criminal lawyer, criminal attorney or to learn more about criminal law.
Source: http://criminal.lawyers.com/
Source: http://criminal.lawyers.com/
Detention VS Arrest
Law enforcement officers have the right to investigate circumstances when there are facts which, together with reasonable inferences drawn from those facts, warrant further investigation. Thus law enforcement officers may temporarily stop a person in a public place (without transporting the person to another location) for the purpose of (1) requiring the person to justify his/her presence and activity in the location and (2) to identify him/herself. The stop may be accompanied by a "patdown" search for weapons. This enables law enforcement officers, with minimal upset to public tranquility and intrusion into personal rights, determine whether they should arrest a suspect, investigate further or take no action because their initial suspicion proved groundless.
An arrest occurs when a person reasonably believes he is not free to leave due to the actions of law enforcement officers. Once an arrest has occurred and questions are asked, law enforcement officers must provide Miranda warnings (the right to remain silent, the right to an attorney, etc.). However, if no questions are asked (other than questions to determine basic biographical information such as name and address), the warnings need not be given. Be aware however, that even your address can be totally incriminating in a domestic violence case.
Source: http://criminal-law.freeadvice.com/criminal-law/detention_arrest.htm
An arrest occurs when a person reasonably believes he is not free to leave due to the actions of law enforcement officers. Once an arrest has occurred and questions are asked, law enforcement officers must provide Miranda warnings (the right to remain silent, the right to an attorney, etc.). However, if no questions are asked (other than questions to determine basic biographical information such as name and address), the warnings need not be given. Be aware however, that even your address can be totally incriminating in a domestic violence case.
Source: http://criminal-law.freeadvice.com/criminal-law/detention_arrest.htm
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