Everyday in Western New York, people are arrested and thrown in jail for various criminal charges all stemming from being pulled over in a vehicle. If you find yourself in a situation where you have been pulled over by the police, it is best to remember the following tips.
1.) HOW YOU SHOULD DEAL WITH THE POLICE
“The way you deal with a police officer may ultimately affect the resolution of the case – either in your favor or against you – in court.” You will never win a battle with a police officer at the roadside or scene of a crime. The important thing to do is be courteous and indicate that you will hire an attorney later on and deal with the situation in court.
- Some people have good dealings with police when confronted for an offense, while others may act appropriately.
- The way an individual deals with a police officer can affect their case's outcome in court.
- It is important to be courteous and indicate that you will hire an attorney to deal with the situation in court.
2.) ALLOWING THE POLICE TO SEARCH YOUR CAR
The police can search your car in three scenarios. The first is a probable cause to search your car brought on by something such as the smell of marijuana coming from inside your car. The second is if you give them consent. The third occurs incident to an arrest – because, if you are arrested, your car can be searched as part of an impounding procedure. If none of those circumstances exist and they just ask you for permission to search your car, you can tell them, “No, you may not search my car. That would not be convenient for me at this time.”
- First, they may have a probable cause to search your car because of something such as the smell of marijuana coming from inside your car.
- Second, you may give your consent.
- Third, if you are arrested, your car can be searched as part of an impounding procedure.
- If the police simply ask for permission to search your car, you can say, “No, you may not search my car. That would not be convenient for me at this time.”
3.) VEHICLE PRESUMPTION
While an individual's home is a sacred place, their motor vehicle is not so sacred when it comes to a police officer's right to search your vehicle. New York State's vehicle presumption states that any person inside a vehicle where contraband, such as illegal narcotics or guns, are found can be charged with – and ultimately convicted of – possessing that item. This presumption applies even if the individual did not know the item was present in the vehicle. Because that is true, it is very important for anyone charged in a vehicle presumption type of case to meet with an attorney. The ultimate facts and circumstances of how you arrived in that vehicle, how the contraband came to be present in that vehicle, and who else may have been inside that vehicle can all be used to help defend you in a vehicle presumption case where contraband was found inside a car.
- New York State's vehicle presumption states that a person in a vehicle where contraband is found can be charged with possession of it, even if he or she had no knowledge of the item.
- Anyone charged in a vehicle presumption case should meet with an attorney.
4.) DRIVING ON A SUSPENDED LICENSE
Individuals charged with driving with a suspended license are among the most common cases I defend in justice courts and other city courts. Aggravated unlicensed operation of a motor vehicle is a criminal offense in the state of New York, and it does not matter whether your license is suspended for a DWI, failure to pay traffic citations, or failure to appear in court. If your license has been suspended, you'll be charged with aggravated unlicensed operation of a motor vehicle, but an attorney can help you resolve that case in a number of ways. The first and most important of those is available to you if you can obtain a valid driver's license. An attorney who practices in this area can oftentimes help you get your criminal offense reduced to a traffic offense and eliminate any criminal conviction on your record.
- Driving with a suspended license is one of our most common cases.
- Aggravated unlicensed operation of a motor vehicle is a criminal offense regardless of the reason for the suspension.
- Driving while your license is suspended will bring a charge of aggravated unlicensed operation of a motor vehicle.
- If a valid driver's license is obtained, your attorney may be able to get the criminal offense reduced to a traffic offense and eliminate a criminal conviction.
5.) WHY YOU SHOULD HIRE AN ATTORNEY FOR CRIMINAL CHARGES
During an initial consultation, the accused person often asks, “Is it really necessary for me to hire an attorney?” I tell them that I have two main functions as their attorney. The first is to protect their rights by making sure their individual constitutional rights were not violated when they were arrested. My second task is to achieve the best possible outcome in their particular case. Because the facts and circumstances of each person's case are different, an attorney who practices in the area of criminal defense must know all of the possible resolutions. Therefore, it is very important to hire somebody who can properly defend your case if you are charged with a crime.
- An attorney is trained to protect the client by making sure their constitutional rights are not violated when they were arrested.
- The attorney is also best equipped to achieve the best possible outcome based on specific facts and circumstances.
- An attorney who practices in the area of criminal defense is aware of all possible resolutions and can properly defend each case.
6.) GETTING YOUR SEIZED PROPERTY BACK
I recently had a call from an individual from whom the police had taken some property. That caller wanted to know how to reclaim that property. The police may take property from an individual for any of three reasons. First, it is to be placed in safe keeping. In such a case, the owner was probably given a voucher that can be taken back to the police station and used to retrieve the property. Second, if the item is being used as evidence against the owner or another individual, a letter from the district attorney is necessary to release that property. Third, some circumstances allow the police to seize property, such as money or vehicles, from an individual as part of an asset forfeiture. In such cases, the owner was probably given notice of a hearing, and should definitely hire an attorney to challenge that property seizure.
- When the police take property from an individual, help may be needed in reclaiming that property.
- Property may be taken to be placed in safe keeping, with the owner being given a voucher that can be used to retrieve the property.
- If an item is used as evidence during an investigation or trial, a letter from the district attorney will release that property when it is no longer needed.
- Certain circumstances allow seizing of property as part of an asset forfeiture, and the owner was probably notified of a hearing. An attorney can help the owner challenge that seizure.
If you or a loved one has been pulled over by the police and either arrested or ticketed, it is important to hire a dedicated criminal lawyer in Buffalo NY. Drew Fritsch will work tirelessly to see your case to a favorable end.
This educational legal blog was brought to you by Drew Fritsch, an experienced Buffalo Criminal Lawyer. Let my knowledge, work for you.