If you do not see your question answered here, please contact our office for assistance.  Mr. Gardner would be pleased to speak with you.

“The police officer never read me my rights.  Does this mean my case will be dismissed?”
No.  The failure of the police to advise an arrested person of their rights under Miranda v. Arizona does not invalidate the arrest.  Under certain limited circumstances, however, the failure of the police to advise the arrested person of their rights may render a subsequent statement inadmissibile.

“What do I do if I am stopped for driving under the influence?”
If you have been drinking, NEVER submit to any so-called “field sobriety tests” and NEVER take the breathalizer test.  These are evidentiary tools that will be used against you in a subsequent prosecution.  You have NO obligation to take field sobriety tests.  You should be mindful that not taking the breathalizer will cause your license to be suspended for ninety days.  However, if you take the test and fail it, your license will be suspended anyway.  These principles are especially applicable to so-called “sobriety checkpoints” where the police usually have no evidence of erratic driving.

“I’m busted!  How do I get out of jail?”
The most common way to obtain a speedy release is to utilize the services of a bonding company.  These companies charge a non-refundable fee to post your bail.  You can also utilize real property to make bond.  In this situation, property owners pledge their real estate as surety for the bond.

Under certain very limited circumstances, you may be eligible for pretrial release without using either of the above-mentioned methods.

“The police have asked permission to search my car or my residence.  Should I allow this?”
NO!  Never give permission to police to search anything.  The police are looking for evidence to use against you.  Why make it easy for them?

“The police investigator has contacted me and wants to take my statement.  What should I do?”
NEVER speak to a police investigator without first consulting an attorney.  The investigator is seeking to use any statement you give against you in a court of law.  No matter what the investigator says or promises, he does not have your best interests at heart.