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Bryant Law Center - Criminal Defense - FAQ

  What should I do if I’m arrested?

If arrested for a crime the first thing you need to do is ask to call an attorney.  Even if you are innocent and were in no way involved in the crime don’t say anything or consent to any searches without your criminal defense lawyer present.

What is my Fifth Amendment Right?

The Fifth Amendment is your right to remain silent unless and until you have had a chance to consult with an attorney. The police are required to stop asking questions, when you invoke your Fifth Amendment rights.  When refusing to speak to police or declining consent to search be polite and respectful toward the police officers.  Never resist arrest, run from police or verbally abuse an officer.  Your cooperation or lack of cooperation at the time of arrest can have a great impact on your plea agreement when the time comes.

What happens if the police fail to read me my Miranda Rights?

Police are required by law to read your rights if you are in custody and being interrogated.   However, if they do not, it doesn't mean that your case is not valid.  Consult an attorney regarding your situation.

How do I get a person arrested for a crime out of jail?

The person arrested may have a bond set at the time of their arrest. If not, they will meet with a pre-trial officer. They need to cooperate with the pre-trial officer who will talk to the Judge and set a bond within 24 hours of their arrest.   After bond is paid the person should be released.

If stopped for a DUI in Kentucky should I consent to the breathalyzer?

This varies with every situation and it depends if you are under the influence. If you refuse a breathalyzer, the law says that a county attorney cannot amend down a DUI. However, if you believe your breathalyzer is going to be over the legal limit understand you are going to be the state evidence against yourself. You do have twenty minutes to contact an attorney to help make this decision if arrested for a DUI so we suggest calling a lawyer immediately upon arrest.

Disclaimer: The information contained herein is intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

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