TAKE THE 5TH - REMAIN SILENT

California DUI Clinic — Sat, 30 May 2009 14:56:05 +0000

Don't talk about your case with anyone except a criminal defense attorney. What you tell your lawyer is confidential. When you discuss your arrest with friends or family, you risk turning them into involuntary witnesses against you.

It is in your best interest to remember the details of your arrest. Jot down some brief notes to remind yourself of what happened. It will help you in your defense.

In any criminal case, you must be represented by a competent defense lawyer, whether appointed by the court, or paid for by you. You may choose a lawyer, ask for a public defender, or risk the consequences of representing yourself.

By hiring an attorney immediately following your citation, you won’t miss any deadlines, and you can avoid ever having to go to court in misdemeanor cases. Most of the time, you won't need to appear until a resolution has been reached if you have an attorney.

Judges won't know if they should protect your rights unless someone defends you. For example, overworked prosecutors may use reports from inexperienced or overzealous police officers to over-prosecute a case. Defense attorneys are aware of these tendencies and are trained to handle such situations.

If you ask the judge to let you be your own attorney, he or she must allow this in most cases. But do not do this.

In all DUIs, get a lawyer quickly. You should interview immediately after arrest if you can (you have a 10 calendar day deadline after arrest).

Remain Silent!

TAKE THE 5TH - REMAIN SILENT