Anytime you’re facing potential criminal charges, you need an attorney because you will be investigated by the police and prosecuted by an attorney called a prosecutor. The police and prosecutor’s job is to convict you of a crime. Without a skilled attorney by your side, you will be at a huge disadvantage fighting a system designed to convict you and take away your freedom.

There’s no magic formula for finding a good attorney. The best thing you can do is to ask around about the attorney’s reputation, check the State Bar website to see if they’ve ever been disciplined, and finally, sit down with the attorney to interview them. Feel free to ask the attorney any question you want – remember, it’s a job interview and you’re the boss! Trust your instincts about whether you can trust the attorney or not.

That said, here is a list of things you should consider when you meet with the attorney:
(1) Does the attorney appear professional and organized?
(2) Does the attorney listen without interrupting you?
(3) Does the attorney ask you questions about the case?
(4) Does the attorney take notes?
(5) Does the attorney fully answer your questions?
(6) Has the attorney handled a case like yours before?
(7) How long has the attorney practiced?
(8) Does the attorney make promises that seem too good to be true?
(9) Do you feel pressured by the attorney to sign a retainer agreement?
(10) Does the attorney have any history of discipline with the State Bar?

First, you have to ensure your own safety. Keep your hands on the steering wheel and wait for the officer to approach you. Don’t start rifling through your glove box looking for your documents because the police may view those actions as threatening. Staying calm and keeping your hands in view of the officer is the best way to keep the detention as short as possible and denies the officer an excuse to conduct further investigation.

If the officer asks for your driver’s license, insurance, and car registration, you should provide them to keep the detention as short as possible. If the officer asks you questions like where you are going or where you are coming from, you do not have to answer. If the officer asks you whether they could search your car, you are free to say, “No!” A good rule of thumb – if an officer asks you for something, it’s a good indication they don’t have the legal right to do it. That’s why they’re asking!

You are allowed to ask the officer if you are free to leave. If the officer says yes, you should leave. If the officer says no, then you are being detained. An officer is allowed to order you out of your vehicle and you have to comply with an officer’s lawful order. If you are being detained, the officer can only detain you for as long as is necessary to investigate the crime for which they pulled you over for. For example, if the officer pulled you over because your registration tag is outdated, then they can’t detain you for very long without additional evidence of another crime.

On the other hand, if the officer sees evidence of another crime while you are being detained, the officer may be able to detain you longer to investigate that other possible crime. Things like what you’ve said, how you’ve answered their questions, and how you’ve moved your hands can be used as a basis for the cop to keep investigating. That’s why it’s best to stay calm with your hands out, not answer any probing questions, and invoke your right to remain silent if necessary.

Once you’ve received your citation, ask the officer if you are free to leave. If they say yes, then safely drive away. If the officer seeks to arrest you, do not say anything, do not fight, and do not answer any questions whatsoever, even if you think it’s harmless, as everything you say WILL be used against you. Invoke your right to remain silent and ask to speak with your attorney, Chris Bou Saeed.

Similar to what was mentioned above – first, you have to ensure your own safety. Keep your hands on the steering wheel and wait for the officer to approach you. Don’t start rifling through your glove box looking for your documents because the police may view those actions as threatening. Remember, staying calm and keeping your hands in view of the officer is the best way to keep the detention as short as possible and deny the officer the excuse to conduct further investigation.

In a DUI case, everything the officer sees, smells and hears will be used against you. That includes any officer observations of your driving before they pulled you over. While it’s a good idea to provide the standard documentation of license, registration, and insurance when asked, it is not a good idea to answer any further questions. If the officer asks you questions regarding whether you’ve had anything to drink, ask the officer if you are free to leave. If the officer says yes, safely drive away. If the officer says no, then the officer is detaining you.

If the officer asks you to step out of the car, then you must comply with a legal order. However, you do not have to answer any questions regarding where you’re going or coming from. Keep in mind that the officer is likely filming you with their body worn camera, so not only what you say, but how you say it (for example, slurred speech) will be used against you. Also, you can refuse to perform any field sobriety tests.

If the officer suspects you may be driving under the influence and decides to perform a screening, they must give you the option of a breath test or a blood test, and advise you that a refusal to submit to either will result in a license suspension. If you choose the breath test, you may be given a preliminary alcohol breath test on scene and another more substantial breath test back at the station. If you choose the blood test, they will likely draw your blood at the station or a hospital.

If you refuse to submit to both tests, then your license will be automatically suspended but the prosecution will not have the evidence from the tests to use against you. This does not mean you can’t be charged with driving under the influence. In fact, you can still be charged with driving under the influence and face the additional allegation of refusing to take the test. And on top of that, the prosecution could seek a special jury instruction that says you refused to take either test because you knew you were guilty.

It is important that you contact Chris Bou Saeed as soon as possible because prosecution of DUI’s are very technical and officers make often make mistakes in DUI cases. The procedure for performing a breath test or blood draw is very intricate and must follow a very specific process. As an experienced criminal defense attorney, Chris Bou Saeed knows all of the constitutional, statutory, regulatory, and administrative rules governing DUI cases that often mean the difference between dismissal and conviction.

First, don’t talk to anyone about anything relating to your arrest. If you are in police custody, everything you say can be recorded and used against you. The only time the police can’t listen to what you say is when you are speaking with your attorney.

Be warned, the police can use deception to get you to talk. For example, there may be a hidden microphone in a jail cell recording conversations between inmates. Or the “inmate” next to you is actually a police informant or undercover officer slyly trying to get you to talk. Last, the police may bring you into an interview room, offer you a soda or candy to butter you up, and start asking you questions.

Whether the police read you your Miranda Rights or not, your magic words are as follows: “I invoke my right to remain silent and I want to speak with my attorney, Chris Bou Saeed.” Trust me, the intricacies of the law basically allow anything you say to be used against you. The police will try every trick in the book to get you to talk. It is extremely important that you not fall for any of it.

Do not speak to the detective under any circumstances. If a detective, investigator, or police officer is interested in speaking with you, it is because they suspect you committed a crime. Their job is to collect evidence against you and charge you with a crime. If that evidence comes out of your mouth, then their job just got a lot easier.

Remember, law enforcement officers are allowed to lie to you. They have been trained in techniques designed to get you to start talking. For example, they will tell you they have a bunch of evidence against you, even if they don’t. The idea is to convince you that you have nothing to lose by talking.

Another technique is to tell you that they just want to know your side of the story or get clarification. The hope of course is you will believe them and start talking.

It is important to remember that anything you say will be used against you, even if you don’t think it is harmful. Over the course of my career, I have seen a countless number of cases filed against clients based on the client’s own statements.

If contacted by a detective, investigator, or police officer, your best move is to call an experienced attorney right away. The sooner you call, the easier it may be for an attorney to head off any potential criminal charges.