Thursday, September 8, 2011

Boise Idaho Criminal Defense Lawyers - DUI Attorneys (208) 472-2383

It seems like there are more stories in the local newspaper about increases in arrests over  holiday weekends.  For Boise Criminal Lawyers this translates into an uptick in the number of calls associated with folks looking for a good criminal defense attorney.  These holiday arrests don't just involve DUI.  They often involve other crime.

I have frequently discussed how to avoid a DUI but today I would like to talk about a good way to avoid being arrested for the crime of possession of drugs or paraphernalia.  As a Boise Criminal Defense Lawyer I regularly get calls from individuals who describe their arrest in detail.  In a lot of situations something happens to initiate a traffic stop, such as a broken headlight or blinker.  Contrary to popular belief, just because a person in in possession of marijuana or paraphernalia doesn't mean they are under the influence of marijuana.  So often people are arrested for possession because of an underlying offense, such as a traffic violation.  Here's the common scenario.  You're driving along and the detestable red lights, which signal trouble, flash at you.  The cop pulls you over, struts like a rooster to your window and snoops around a little bit.  You might be nervous, you might be driving an old Duster, you might be wearing a Grateful Dead T-shirt or you might just want to get the heck out of Dodge, but whatever it is it signals the cop to think something might be going on.  And then it happens.  The cop asks if he or she can search you or your car.  Just Say No!  People often think they have to let the police search them.  You do not.  If they have not arrested you, they cannot search you without your permission or without a search warrant.  Unless you have a rap sheet a mile long or you are really paranoid or aggressive, the police simply are not going to secure a search warrant on a simple traffic stop.

If the police search you, with your permission, then whatever they find is potentially admissible as evidence against you.  The police know that if they don't have your permission to search you or the vehicle anything they find that is not in "plain sight" may be excluded. 

This brings up a few important points.  One, if you are pulled over and you know you have marijuana or paraphernalia on you don't say yes to a search.  You do not have to.  It might also be sensible to always say no, just in case you forgot about the pipe or roach in your pocket (this actually happens all the time).  It is also an important if you have been arrested and the police searched you or your car without your permission and found incriminating evidence, make certain you tell your Boise Criminal Lawyer that this is how the evidence was obtained so that they can moved to have it excluded.  An obvious but often overlooked point is, don't act guilty during a traffic stop.  If you have been pulled over for a traffic violation, be agreeable and move on.  Your attitude can wind up getting you busted.

The world of criminal law revolves around what evidence is admissible.  You have to fully inform your Boise Criminal Lawyer of all the facts surrounding your arrest so that they can keep out any evidence that violates your rights.

If you have been arrested and need to speak to a Boise Criminal Lawyer, give us a call and see what we can do for you.  Call now, (208) 472-2383.

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