Practicing
Criminal
Defense and Drunk
Driving/ DUI/ DWI throughout Maryland, Washington, D.C., and Virginia,
including the state and federal courts in Montgomery County
(Rockville and Silver Spring), Fairfax County, Northern
Virginia, Arlington County, Alexandria, Prince George's County (Upper Marlboro,
Hyattsville, Greenbelt, and Andrews Air Force Base), Howard County (Ellicott
City), Frederick County, Anne Arundel County
(Annapolis, Glen Burnie, Ft. Meade), Baltimore City, Baltimore County (Towson,
Catonsville, Essex), Washington County (Hagerstown), Prince William County
(Manassas), and Loudoun County (Leesburg).
"Jon
Katz is the greatest lawyer on the face of the planet. I say so
because he dealt with not only my criminal case, but my rattled emotional state
of mind as well. Without his guidance and brilliance I don't know what
would've happened. I highly recommend Mr. Katz, and if I ever make the
mistake of getting arrested again he will be the first person I call." (From
a criminal defense client.)
"Jon,
you are the best attorney in the world as far as I'm concerned.
Thanks again for your work on my behalf and your optimistic energy."
(From a criminal defense client).
See
more client testimonials here
and AVVO.com reviews here.
THE
TOP 10 THINGS TO KNOW
When
Stopped, Arrested or Suspected by the Police
KNOW
YOUR RIGHTS
When
Stopped, Arrested or Suspected by the Police
The
right of the people to be secure in their persons, houses, papers, and effects,
against unreasonable searches and seizures, shall not be violated, and no
warrants shall issue, but upon probable cause, supported by oath or affirmation,
and particularly describing the place to be searched, and the persons or things
to be seized. U.S.
Constitution, Fourth Amendment.
A
police detainee "must be warned
prior to any questioning that he has the right to remain silent, that anything
he says can be used against him in a court of law, that he has the right to the
presence of an attorney, and that if he cannot afford an attorney one will be
appointed for him prior to any questioning if he so desires. Opportunity to
exercise these rights must be afforded to him throughout the interrogation."
Miranda
v. Arizona, 384 U.S. 436, 478-479 (1966).
The police are trained to persuade
people to give up their Constitutional rights and to catch them off guard.
Nobody is safe from becoming a criminal suspect, whether rightly or wrongly. Here
is a non-exhaustive list of your essential rights when dealing with the police
in the United States.
1.
MUST I SPEAK WITH THE POLICE?
Nobody
has an obligation to speak with the police other than when asked for one's name
(see the next paragraph for dealing with requests for one's name or
identification). If you are a criminal suspect, it
rarely helps to speak with the police. If you are unsure whether you are a
suspect, it is better not to speak with the police before obtaining the advice
of a qualified criminal defense lawyer.
2.
MUST I GIVE MY NAME OR SHOW THE POLICE MY IDENTIFICATION IF I AM NOT DRIVING A CAR?
To
refuse to provide one's name to the police can be risky, absent a later Catch-22
court ruling that the police had no reasonable suspicion to stop the person. A
non-driver should not be required to show identification. Hiibel
v. Sixth Judicial District Court of Nevada.
3.
MUST I SHOW THE POLICE MY IDENTIFICATION IF I AM STOPPED WHILE DRIVING?
It
seems risky not to show one's driver's license and vehicle registration when
lawfully stopped by the police when one is behind the wheel. California v. Byers, 402 U.S. 424,
433-34 (1971).
4.
IF THE POLICE STOP ME, WHAT DO I DO?
You can assert your rights without being confrontational. For instance:
POLICE
OFFICER: Excuse me, would you tell me where you are going?
CIVILIAN:
No, officer.
POLICE
OFFICER: Why not?
CIVILIAN:
I choose not to speak, officer.
POLICE
OFFICER: Please pop open your trunk.
CIVILIAN:
No, officer.
See
additional tips on the Busted
video. A full version of the video can be viewed here
and here.
5.
IF THE POLICE UNLAWFULLY DETAIN ME, MAY I USE PHYSICAL FORCE?
Even
if you believe your arrest is unlawful, a judge or jury may not agree. Moreover,
some jurisdictions prohibit physical force even against an unlawful police
arrest.
6.
MUST I AGREE TO A SEARCH OF MY PERSON, PROPERTY, CAR OR HOUSE?
No. If you do not agree to a search, clearly say so. However, do not physically
interfere with any search by the police.
7.
IF THE POLICE SHOW ME A SEARCH WARRANT, MUST I ASSIST IN FINDING THE ITEMS
THEY SEEK, AND IN OPENING LOCKED OR PASSWORD-PROTECTED ITEMS?
No. Generally, you have the right passively to resist the police, by not showing
any physical obstruction, on the one hand, and by not providing assistance, on
the other.
8. MUST I REMAIN WITH THE POLICE MERELY BECAUSE THE POLICE ARE
SPEAKING TO ME?
If you are unsure whether you are free to leave, ask if you are free to leave.
If the police do not allow you to leave, ask the reason.
9. WHAT DO I DO IF SUSPECTED OF DRINKING AND DRIVING?
10. WHAT DO I DO IF THE POLICE THREATEN ME WITH ARREST, ARREST ME,
SEIZE MY PROPERTY, MISTREAT ME, NOT READ ME MY RIGHTS, PUT ME UNDER
SURVEILLANCE, TELL ME I'M MAKING TOO BIG A DEAL OF THE SITUATION BY WANTING A
LAWYER, OR ASK ME TO "HELP" OR COOPERATE WITH THEM IN EXCHANGE FOR
POSSIBLE LENIENCY?
Consult
with a qualified criminal defense lawyer to level the playing field in dealing
with the police, and to avoid devastating landmines in advance. If you cannot
afford a lawyer, you will be eligible for court-appointed or public defender
counsel by the time you are formally charged with committing a crime, if you
ever are charged with a crime, at the very latest. Some court-appointed counsel
and public defender systems make indigent defense counsel available before a
person is arrested or indicted for an alleged crime. Your rights to a lawyer and
to remain silent are sacred and are enshrined in the Constitution's Bill of
Rights. U.S.
Constitution, Fifth and Sixth Amendments.
NOTE:
A one-page printable (and shorter) version of this list is here.
DISCLAIMER: Nothing in this article should be taken as legal advice for any
individual case or situation. The information is intended to be
general and should not be relied upon for any specific situation. For legal
advice, please consult a qualified attorney.
Originally posted on March 12, 2004. Updated
April 2006.
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Who
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Being
in a legal bind may feel daunting; dealing with your lawyer should not be.
Fighting
for criminal defendants
and the Constitution is a calling that
Jon Katz relishes. Jon does
it not as the most lucrative way to earn a lawyer's living, but because he believes
strongly in this path and loves the work and the interaction with his clients.
Our
clients are what we are all about. Therefore, we work tirelessly to deliver them
the best service we can, using all our experience, skill, caring, and resources
to help our clients win.
We do our best to help our clients go on with their lives as we work on their
behalf. We welcome our clients' ideas, inquiries and teamwork. We work with our
clients as a united front against our opponents, and are happy for our opponents
to know that we are prepared for battle and fearless to go to battle. We know
that honey catches more flies than sandpaper, but also know that nothing beats
being fully armed to battle for justice for our clients.
JON KATZ, P.C., Attorney at Law
8720
Georgia Avenue, Suite 703
Silver
Spring, Montgomery County, Maryland 20910
(301)
495-7755/FAX
(301) 585-7733
jon[at]katzjustice[dot]com
VIRGINIA
BRANCH
OFFICE:
1420
Spring Hill Road,
Suite 600, Tysons Corner/ McLean, Fairfax County, Virginia 22102, (703) 917-6626.
