FAQ: Criminal Defense

Question: Does law enforcement need a warrant to search my vehicle or home?

A: It is illegal for law enforcement to search your home or vehicle without a warrant, unless there is probable cause. Remember, if police show up at your door and request to search your home without having a valid warrant, you can refuse their entry. Often, police will come to a suspect’s home without a warrant to “interview” them. If this happens to you, politely tell the officer you do not consent to a search and that you want to speak with your attorney.

Question: Can police search through my cell phone without a warrant?

A: Law enforcement officers cannot search your cell phone without a warrant or your expressed consent. If you are arrested and asked to provide an officer with the passcode to your phone, you have the right to decline.

Question: What are my Miranda rights?

A: After you have been arrested, police are supposed to read you your Miranda rights before they start to question you about the alleged crime. Miranda rights include the right to remain silent and also let you know that anything you say during questioning can be used as evidence against you. If you are arrested without ever being read your Miranda rights, anything you say to police will be inadmissible in court.

Question: Am I required to register as a sex offender if I have been convicted of a sex crime?

A: You are legally obligated to register as a sex offender if you have been convicted of a sex crime. You must register with the sheriff’s office where you reside, as well as the jurisdiction you were convicted in. If you fail to register as a sex offender, you can face up to 10 years in prison.

Question: Am I allowed to refuse a DUI test?

A: You are allowed to refuse a DUI test, however, doing so can result in other charges. If you refuse a DUI test, you can face losing your driver’s license, as well as expensive fines and additional criminal charges.

Do you need help with your criminal defense case? If so, call (989) 244-4333 to set up your free consultation with our team of Bay City lawyers. We can discus your case and give you the legal advice that you need to obtain the justice you deserve.