Dan Montalvo, Attorney At Law

"Experienced and Intelligent Criminal Representation with Integrity and Justice"
  arrowHome Tuesday, 09 March 2010   
Main Menu
 Home
 Contact Us
 Administrator
 Attorney Profile
 Disclaimer
 Directions
 DWIs
 The Legal Process
 Resources
 Resourses 2
 Dan Montalvo For Judge

Hit Counter
358963 Visitors

Browser Prefs
Add to Favorites
Make Home Page

Most Read
Resources
Attorney Profile
Just Say No to Warrantless Searches!
Resources
Directions

Latest News
What To Do If You Have Been Arrested



What To Do If You Have Been Arrested   PDF  Print  E-mail 

The single most important piece of advice is not to say anything to the police. You've seen and heard it on every on every television show or movie you can think of. The good old Miranda Warnings. You have the right to remain silent.                     

 

Anything you say can and will be used against you in a court of law... These rights were given to you for a reason. If you are arrested, tell the police you want to speak to an attorney and do not want to talk with them about anything. Do not believe their promises of going easier on you if you cooperate. What you must understand is that if the police had enough evidence against you for a conviction, there would be no point in talking to you. Most criminals get caught and then convicted because someone has ratted them out. Don't make the mistake of giving the police the evidence they need to convict you.

The police are required to charge you with an offense if they are going to hold you. You have no obligation to submit to questioning by the police. Sometimes, if you are picked up at the crime scene, you will be questioned on the spot. Other times, you will be brought in for questioning. While you do not have the right to interfere with their investigation, you cannot be required to cooperate against your will or give them any information that might incriminate you. You must understand that a common tactic of the police when they do not have enough evidence to charge you with a crime is to gather the information they need from you to help make their case. The bottom line is if you are questioned by the police, do not tell them anything, other than to remind them that they either have to charge you with an offense or let you go. If they let you go, enjoy the rest of your day. You may of course want to speak to an attorney in case they find evidence to strengthen their case against you. If you have been charged with committing a crime, then you demand to speak to an attorney and tell the police you do not want to talk to them about anything.

If you are formally arrested, you will be permitted to use the phone. The first phone call you should make is to a family member or close friend that can make bail arrangements and contact an attorney on your behalf. If the alleged crime is not serious, bail can be arranged at relatively low cost.

 

For more serious crimes, your family member will have to contact a bail bondsman and pledge collateral for the bail bond. Make sure to find out from the bondsman whether any monies given are non-refundable. It is important that you get to go in front of a judge as soon as possible so that the issues regarding bail and release can be brought to the attention of the Judge. Never waive any of these rights. If you have not secured a private attorney, upon a showing of indigence, a public defender will be appointed to argue the issue of the amount of bail on your behalf. Do not represent yourself. If for some reason you cannot make bail, remember that the time you serve in jail will most likely be counted towards any prison sentence that is rendered by the court. Let up hope you never have the opportunity to apply any of this advice.


Newsflash
"The United States is a nation of laws:  badly written and randomly enforced."   Frank Zappa

Newsfeeds
Weather Channel
Tue, 09 Mar 2010 17:28
The Weather Channel: Local Weather Outlook
Sunny, and 74 ° F. For more details?
Current Weather Conditions In Dallas, TX (75201)
BBC: World News
Tue, 09 Mar 2010 17:28
BBC News
US Vice-President Joe Biden condemns Israel's approval of 1,600 new homes for ultra-Orthodox Jews in East Jerusalem.
US attacks East Jerusalem plans
Dutch bishops order an inquiry into alleged sexual abuses of children by Catholic priests, threatening a new scandal.
Dutch bishops order abuse inquiry
Dallas Morning News
Tue, 09 Mar 2010 17:28
DallasNews.com Local News
Energy blog: Oncor begins smart meter accuracy testing
Terrell boy wins essay contest to trigger Texas Stadium implosion
Assault charges pending in North Dallas office shootings
Ex-Rockwall district attorney Ray Sumrow paroled 20 months into 15-year sentence
AP Headlines
Tue, 09 Mar 2010 17:28
EL CAJON, Calif. (AP) -- A Toyota Prius that sped out of control on a California freeway was towed to a dealership Tuesday while federal and company inspectors converged on the car to determine whether a stuck gas pedal was to blame....
Feds to probe cause of runaway Prius in California
WASHINGTON (AP) -- President Barack Obama's health care bill would change federal policy on abortion, but it would not open the spigot of taxpayer dollars as some abortion opponents fear....
A policy change on abortion, but how radical?
COLUMBUS, Ohio (AP) -- An Ohio State University janitor who was about to lose his job walked into a maintenance building for his early morning shift Tuesday and shot two supervisors, killing one of them and fatally shooting himself. No students were hurt....
Ohio State janitor's gunfire kills co-worker, self
Al Dia Dallas,Texas
Tue, 09 Mar 2010 17:10
AlDiaTX.com: Noticias Recientes
NPR Legal Affairs
Tue, 09 Mar 2010 17:10
Law
Haisong Jiang said he slipped under a rope barrier at Newark Airport to say goodbye to his girlfriend. The Jan. 3 breach led TSA to shut down the terminal for six hours, stranding thousands of passengers and costing airlines millions. Jiang agreed to pay a $500 fine, plus additional court costs, and perform 100 hours of community service.
Suspect In Airport Security Breach Pleads Guilty
Florida is the only state with an outright ban against adoptions by gay people, but that may not be true for long. State courts have overruled Florida law in three cases and approved gay adoptions. The state, however, has appealed the court rulings and says it will continue to fight to uphold the law.
In Florida, Gay Adoption May No Longer Be Banned
KRGV TV Rio Grande Valley
Tue, 09 Mar 2010 17:10
Texas Lawyer
Tue, 09 Mar 2010 17:25
Randy Johnston discusses the State Bar Professional Ethics Committee's recent approval of a fee arrangement that would require a client to pay the client's lawyer's attorneys fees if the plaintiff who originally sued the client later joins the defense lawyer in the same suit.
Legal Malpractice: When a Plaintiff Sues a Defense Lawyer
Texas Lawyer senior reporter John Council and Randy Johnston discuss: Andrews Kurth's relationship with the Howard Hughes estate, and how some lawyers learned about success by working in fast-food places.
Reversed &Remanded, July 14, 2008
Senior reporter John Council talks with criminal defense lawyer Gary Udashen about: a battle over exhibits in the Holy Land Foundation trial, when double jeopardy attaches in a prosecution, Darlie Routier's DNA test, and a proposal to limit attorney-client privilege in some cases.
Reversed &Remanded


Design by EdVerosky.com

Unless otherwise indicated, attorneys are not Certified by the Texas Board of Legal Specialization. The material located on our web site is intended to be a resource for present and prospective clients. It is for informational purposes only and is not intended to be legal advice. We are available for consultation regarding legal matters; however, the act of sending electronic mail to Dan Montalvo is not privileged and does not alone create an attorney-client relationship. This web site is not an offer to represent you. You should not act, or refrain from acting, based upon any information at this web site. Please review my information. These materials may be considered advertising in your state. Dan Montalvo does not intend to practice law in any jurisdiction where the he is not licensed. The materials on this web site are copyrighted. Copying, reproduction, or distribution of any part of this web site is prohibited without the prior written consent of Dan Montalvo. However, downloading and printing of materials from this web site is allowed for personal use of visitors of the web site. In fact, such use is encouraged.