Pending charges (2024)

FAQs

What happens if you say I don t answer questions to a police officer? ›

You have the right to remain silent and cannot be punished for refusing to answer questions. If you wish to remain silent, tell the officer out loud.

Because the prosecutor filed the charge, they also have the discretion to dismiss it if they believe the facts and circ*mstances warrant it. Likewise, a judge can dismiss the case if they find no legal basis for the charge, if the defendant's rights have been violated, or if the state has failed to prove its case.

It was created to reduce “pretextual stops,” in which an officer stops a vehicle or pedestrian for something minor with the intent of searching the driver and vehicle to determine if a larger crime is evident, such as expired paperwork or possession of certain items.

If you avoid this, you could be held in contempt and face incarceration, fines, or fees. To ensure your rights and interests is in good hands throughout a court proceeding, you may want to reach out to a lawyer who has experience in the courtroom.

except for your name and basic identifying information. DON'T give explanations, excuses, or stories. Say “I want to remain silent” and “I want to talk to a lawyer.” DON'T talk about your case on the phone.

In many legal systems, individuals have the right to remain silent and not answer questions posed by law enforcement during an interrogation. This right is often protected by laws and legal precedents, such as the right against self-incrimination in the Fifth Amendment of the United States Constitution.

Murder, First Degree

The most severe criminal charge that anybody may face is first-degree murder. Although all murder charges are serious, first-degree murder carries the worst punishments. This is because it entails premeditation, which means the defendant is accused of pre-planning their victim's death.

Some of the most common signs of a weak criminal case include a lack of sufficient evidence, an unlawful arrest, a lack of credible witnesses, mistakes in the criminal complaint, and a defendant having valid legal arguments. Suppose one or more of these common issues exist in a prosecutor's case against you.

The prosecutor will not charge the person without evidence. Sometimes that means that the police will arrest someone and then have to let that person go free if the prosecutor will not press charges at that point.

You have the right to remain silent. For example, you do not have to answer any questions about where you are going, where you are traveling from, what you are doing, or where you live. If you wish to exercise your right to remain silent, say so out loud.

Why do cops ask where you are coming from? ›

Officers want to know where people are coming from so they can draw conclusions about their whereabouts. Suppose an officer has a hunch that someone is intoxicated, if the person says they are coming from brunch, a bar, or a club, you can now expect the cop to be on high alert.

There is no law in California making it a crime for anyone, including a police officer, to ask you for your phone number, wireless or otherwise. This assumes of course that there is no court order in place forbidding a particular person from contacting you.

Avoid bright colors and loud prints. Seek dark, neutral colors like navy blue, black, and gray. If you would wear something to an interview for a professional position, you are probably safe wearing it to court. If you are ever unsure about a piece, talk to your attorney about it to get his or her opinion.

Trial Privilege

A defendant and witness can refuse to answer questions or testify at trial if their statements will incriminate him in criminal proceedings.

Because the way court works is that an attorney poses a question to a witness who must answer that question. If the question calls for a yes/no, then that is how it should be answered. The witness doesn't get to answer a different question because he or she is uncomfortable how the question is asked.

The police officer can ask anything. You cannot be compelled to answer. You have a 5th amendment right to remain silent and not convict yourself.

Being aware of your rights and not speaking to law enforcement can protect you and the strength of your defense, should charges be filed against you. By not talking to police, you give your criminal defense attorney a better opportunity to prepare an effective defense on your behalf.

Unless there is a state law or a agency policy requiring it, no the police do not have to tell you a thing about someone reporting you.

In most situations, you should not have to give information you are uncomfortable giving. The most direct way to do this is to simply say that you will not answer the question. However, even though you are saying "no," you can still do it politely. I'm sorry, but I'd prefer not to say.