You were stopped by the police.
Now you're facing a jail sentence, a maximum one year in jail, drivers license
suspension and numerous fines. What should you do? You need legal
advice and fast.
You want an attorney who knows
how to handle your case.
The Stiley, and Cikutovich
Law Firm has handled numerous DUI (Driving Under the Influence) cases and has
helped many individuals avoid jail and reduce the suspension time of their drivers
license. Our knowledge of all the legal remedies and programs available in DUI
case make our office your best place to turn to first.
Can someone other that a police officer arrest me?
Any person, such as a private security guard, can make a citizen's arrest
if they see a misdemeanor being attempted or committed. (A misdemeanor is a
criminal offense, usually punishable with a fine or short jail term.) They also
can make a legal arrest for a felony as long as it actually was committed and
they have good reason to believe you did it. They must take you to a police
officer or judge who is required by law to take you into custody.
When is an arrest warrant used?
Usually a warrant is required before you can be taken into custody in your
home. But you can be arrested at home without a warrant if fast action is needed
to prevent you from escaping, destroying evidence, endangering someone's life
or seriously damaging property.
The warrant must be signed by
a magistrate or judge, who must have good reason to believe that you, whom the
warrant names, committed a crime. If your name is unknown, "John Doe" can be
used on the warrant - along with your description.
Once an arrest warrant is issued,
any law enforcement officer in the state can arrest you - even if the officer
does not have a copy of the warrant. Generally, there is no time limit on using
a warrant to make an arrest.
Before entering your home, a
law enforcement officer must knock and identify himself or herself and tell
you that you are going to be arrested. If you refuse to open the door - or if
there is another good reason - the officer can break in through a door or window.
If the police have an arrest
warrant, you should be allowed to see it. If they don't have the warrant with
them, you should be allowed to see it as soon as practical.
The police may search the area
within your reach. If you are arrested outdoors, they may not search your home
or car.
Resisting an arrest or detention
is a crime. If you resist arrest, you can be charged with a misdemeanor or felony
in addition to the crime for which you are being arrested. If you resist, an
officer can use force to overcome your resistance or prevent your escape. The
officer can even use deadly force if it appears you will use force to cause
great bodily injury.