• Additional Advice to client suspect

    • Be polite and respectful. Never bad-mouth a police officer.
    • Stay calm and in control of your words, body language and emotions.
    • Don’t get into an argument with the police.
    • Remember, anything you say or do can be used against you.
    • Keep your hands where the police can see them.
    • Don’t run. Don’t touch any police officer.
    • Don’t resist even if you believe you are innocent.
    • Don’t complain on the scene or tell the police they’re wrong or that you’re going to file a complaint.
    • Do not make any statements regarding the incident. Ask for a lawyer immediately upon your arrest.
    • Remember officers’ badge & patrol car numbers.
    • Write down everything you remember ASAP.
    • Try to find witnesses & their names & phone numbers.
    • If you are injured, take photographs of the injuries as soon as possible, but make sure you seek medical attention first.
    • If you feel your rights have been violated, file a written complaint with police department’s internal affairs division or civilian complaint board.
  • IF YOU HAVE A POLICE ENCOUNTER, YOU CAN PROTECT YOURSELF.

  • IF YOU ARE STOPPED FOR QUESTIONING

    1. It’s not a crime to refuse to answer questions, but refusing to answer can make the police suspicious about you. You can’t be arrested merely for refusing to identify yourself on the street.
    2. Police may “pat-down” your clothing if they suspect a concealed weapon. Don’t physically resist, but make it clear that you don’t consent to any further search.
    3. Ask if you are under arrest. If you are, you have a right to know why.
    4. Don’t bad-mouth the police officer or run away, even if you believe what is happening is unreasonable. That could lead to your arrest.
  • IF YOU’RE STOPPED IN YOUR CAR

    1. Upon request, show them your driver’s license, registration, and proof of insurance. In certain cases, your car can be searched without a warrant as long as the police have probable cause. To protect yourself later, you should make it clear that you do not consent to a search. It is not lawful for police to arrest you simply for refusing to consent to a search.
    2. If you’re given a ticket, you should sign it; otherwise you can be arrested. You can always fight the case in court later.
    3. If you’re suspected of drunk driving (DWI) and refuse to take a blood, urine or breath test, your driver’s license may be suspended.
  • Check out this video!

  • CVattorneys was formerly known as Lawyeryou.com watch the attached video which illustrates some of the legal issues college student’s deal with.

  • IF YOU’RE ARRESTED OR TAKEN TO A POLICE STATION

    1. You have the right to remain silent and to talk to a lawyer before you talk to the police. Tell the police nothing except your name and address. Don’t give any explanations, excuses or stories. You can make your defense later, in court, based on what you and your lawyer decide is best.
    2. Ask to see a lawyer immediately. If you can’t pay for a lawyer, you have a right to a free one, and should ask the police how the lawyer can be contacted. Don’t say anything without a lawyer.
    3. Within a reasonable time after your arrest, or booking, you have the right to make a local phone call: to a lawyer, bail bondsman, a relative or any other person. The police may not listen to the call to the lawyer.
    4. Sometimes you can be released without bail, or have bail lowered. Have your lawyer ask the judge about this possibility. You must be taken before the judge on the next court day after arrest.
    5. Do not make any decisions in your case until you have talked with a lawyer.
  • IN YOUR HOME

    1. If the police knock and ask to enter your home, you don’t have to admit them unless they have a warrant signed by a judge.
    2. However, in some emergency situations (like when a person is screaming for help inside, or when the police are chasing someone) officers are allowed to enter and search your home without a warrant.
    3. If you are arrested, the police can search you and the area close by. If you are in a building, “close by” usually means just the room you are in. 
We all recognize the need for effective law enforcement, but we should also understand our own rights and responsibilities — especially in our relationships with the police. Everyone, including minors, has the right to courteous and respectful police treatment. 
If your rights are violated, don’t try to deal with the situation at the scene. You can discuss the matter with an attorney afterwards, or file a complaint with the Internal Affairs or Civilian Complaint Board.

    As recommended by the American Civil Liberties Union.

  • Self-reports of drug use among high school seniors may under represent drug use among youth of that age because high school dropouts and truants are not included. These groups may have more involvement with drugs than those who stay in school.

  • Domestic Violence Cases

  • A domestic Violence case is where one person (the “accused” or “defendant”) assaults or harasses another person (the “victim”) and the accused and victim either live together, are family members or have a dating relationship.

    In these cases it is very important to call an attorney before your first court appearance. At that court appearance called the Arraignment, the judge will determine your bail and your conditions of release.

    In some cases, the judge will impose a very restrictive condition of release called a protective order. The Order could have the following conditions:

    • The defendant is prohibited from going to the victim’s home or work;
    • The defendant is prohibited from communicating with the victim either in person, by phone, text message or e-mail;
    • The defendant is prohibited from contacting the victim through a third person;
    • The defendant must turn over his permit to carry a pistol and must turn over all guns to the police or a neutral party;
    • The defendant will be prohibited from threatening, harassing or assaulting the victim; and
    • Other conditions the court may deem appropriate
    If the protective order is violated during the pendency of the trial, the defendant will be charged with an additional crime, Violation of Protective Order which is a D felony punishable by 5 years in jail. Furthermore, the victim in the case cannot have the protective order removed. Only the court that put the order in place has the ability to remove the order.

    Furthermore, the victim does not have the abbility to drop the charges once the case is filed with the court. The State’s Attorney is the only person who can drop the charges once the case reaches the court system.

    For more information about Domestic Violence Cases, please call an attorney at CVattorneys 800-315-3150.

  • Percent of all college students, 1995-2005

    Drug use 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005
    Marijuana
    Daily within last month 3.7% 2.8% 3.7% 4.0% 4.0% 4.6% 4.5% 4.1% 4.7% 4.5% 4.0%
    Last month 18.6 17.5 17.7 18.6 20.7 20.0 20.2 19.7 19.3 18.9 17.1
    Last year 31.2 33.1 31.6 35.9 35.2 34.0 35.6 34.7 33.7 33.3 33.3
    Cocaine
    Daily within last month 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% * 0.0% 0.1%
    Last month 0.7 0.8 1.6 1.6 1.2 1.4 1.9 1.6 1.9 2.4 1.8
    Last year 3.6 2.9 3.4 4.6 4.6 4.8 4.7 4.8 5.4 6.6 5.7
    * Less than 0.05%
  • Rates of past year cocaine use by college students have varied over the past 10 years from a low of 2.9% in 1996 to a high of 5.7% in 2005. Past year marijuana use has ranged from a low of 31.2% in 1995 to a high of 35.9% in 1998.

    Source: University of Michigan, Monitoring the Future National Survey Results on Drug Use, 1975-2005, Volume II: College Students and Adults Ages 19-45, 2005, October 2006.

    • 44.8% reported having ever used marijuana/hashish
    • 8.0% reported having ever used cocaine
    • 1.5% reported having ever used heroin.

    Source: University of Michigan, Monitoring the Future National Results on Adolescent Drug Use: Overview of Key Findings 2005, April 2006.

  • ~

  • Characteristics of Drivers Stopped by Police, 2002

  • The information given on this page presents data on the nature and characteristics of traffic stops, as collected in the 2002 Police Public Contact Survey, a supplement to the National Crime Victimization Survey. Detailed demographic information is presented on the 16.8 million drivers stopped by police in 2002. The report provides statistics about various outcomes of traffic stops, including searches conducted by police, tickets issued to drivers stopped for speeding, arrests of stopped drivers, and police use of force during a traffic stop. The report also discusses the relevance of the survey findings to the issue of racial profiling and provides comparative analysis with prior survey findings.

    Highlights include the following:

    • In 2002 an estimated 8.7% of drivers age 16 or older were stopped by police, representing nearly 17 million of the 193 million drivers in the United States.
    • Among traffic stops of young male drivers in 2002, 11% were physically searched or had their vehicle searched by police. Among these young male drivers who were stopped, blacks (22%) and Hispanics (17%) were searched at higher rates than whites (8%).
    • White drivers were more likely than both black and Hispanic drivers to be stopped by police for speeding. Subsequent to being stopped for speeding, blacks (78%) and Hispanics (85%) were more likely than whites (70%) to receive a ticket.