What are Your Rights if You Are Pulled Over By the Police?

April 26, 2021 3:55 pm
Written by admingl
Categories: DUI | Legal Advice | Police | Probable Cause | Search Warrant | Traffic Stop | Your Rights

Over 32 million traffic stops take place across the US each year. At some point in your life, chances are you may be pulled over as well. When this happens, it is important to understand your rights.

Law Enforcement Must Have Reasonable Suspicion or Cause to Pull You Over

It is unlawful for a police officer to pull you over without having a reasonable suspicion that you were in the process of committing or have committed a crime. Doing so without reasonable suspicion is a violation of your constitutional rights.

You are Under no Obligation to Provide Information

Save for your license, registration and proof of insurance, you are under no legal obligation to provide more than that. For example, if an officer asks where you are headed to or if you were drinking, you are not required by law to answer. In fact, doing so may not be in your best interest.

You Do Not Have to Consent to a Vehicle Search without a Warrant

Often, a police officer will ask if they can search your vehicle. You have a legal right to refuse. Although there are exceptions, usually a warrant is required to search your vehicle. One such exception is if they see something illegal in ‘plain view’.

Tags: Constitution, Proof of Insurance, Registration, Vehicle Search

Categorized in: DUI, Legal Advice, Police, Probable Cause, Search Warrant, Traffic Stop, Your Rights

This post was written by: admingl

Brevard County, Florida Lawyer

Many of the clients that we represent for criminal charges in Brevard County have no prior criminal record. Certain professions require special state or federal certification such as doctors, lawyers, nurses, private and public school teachers, state and federal law enforcement officers and members of the military. Individuals in these professions face special challenges after an arrest and prosecution.

Even if the charges are ultimately dropped, those indirect consequences can have a huge impact on the individual's career and future employment opportunities. Similar problems impact individuals working as defense contractors or who are required to carry a firearm or use a concealed weapons permit for their employment.

Even high school and college students can face serious immediate consequences to their education after an arrest or criminal accusation. Our criminal defense attorneys work with these individuals to minimize both the direct and indirect consequences of an arrest and prosecution. We work with clients throughout Palm Bay, Rockledge, Titusville, Cocoa, West Melbourne, Indian Harbour Beach, and nearby areas.

The Florida criminal defense team at Germain Legal will zealously fight for their clients. We take an aggressive approach coupled with a meticulous attention to detail. We believe that by filing and litigating all viable motions we can often negotiate a better resolutions to the case or force the prosecutor to drop the charges. Florida law provides for important protections by filing motions to exclude evidence, motions to suppress statements, and motions to dismiss criminal charges.