Blog Post

curved

Blog

What To Do (And What Not To Do) in an Encounter With The Police

Robert Holland • Aug 19, 2020
Arrested in Athens

Expert advice from award winning Georgia criminal defense attorney, Kim T. Stephens for staying safe, protecting your rights, andavoiding arrest. 


Criminal defense lawyers often hear the following questions from concerned citizens: 


“What should I do if I get stopped by the police?”


 “Should I talk to the police?” 


“The police are accusing me of something I didn’t do, do I have to talk to them?” 


Remember, police may stop and briefly detain you ONLY if there is reasonable suspicion that you committed, are committing, or are about to commit a crime. 


What YOU do if you are stopped in a car, on foot, or in your home will determine what happens next. 


So, what should you do if you have contact with law enforcement?

Do Not Talk To The Police Without A Lawyer Present

State laws often require you to provide your name to the police if asked and to provide your driver’s license if stopped in a car. You are NOT required to and, in most circumstances, should not give ANY OTHER information. Remember that everything you say can be used against you in charging and prosecuting you for a crime.  You have a right to remain silent, not to speak.  Simply tell the police politely, “I would like to remain silent unless I have a lawyer with me.”  Then, do not talk to them unless you have a lawyer present to represent you. Even if you are innocent of any wrongdoing, you may unintentionally say something which incriminates you or hurts your defense. Many people are arrested and prosecuted every day for crimes that they have not committed.

Do Not Consent To A Search Without A Warrant

You never have to consent to a search of your car, your home, your bags, your belongings, or your person. If you do consent to a search, you waive many arguments you may be able to use later to say that the search was unconstitutional. If the police say they have a search warrant, ask to see it. If they don’t have a warrant, say politely, “I do not consent to this search,” and ask, “Am I free to leave or are you detaining me?”  Law enforcement officers cannot arrest you simply for refusing to consent to a search. The search may still happen but refusing to consent to the search will protect your rights later if you go to court. Remember, even if you are certain you have nothing illegal to hide, you should not consent to a search without a warrant. Someone may have left something incriminating in your home, car, or bag, and even something as simple as a prescription medication not contained in a bottle, or medication without an accompanying prescription, can result in arrest in many states.

Do Follow These Simple Steps If You Are Stopped By Police 

If you are in your vehicle, roll down your front windows, if possible. Keep your hands visible on the wheel, and wait for the officer to come to one of the windows. Do not get out of your car and approach the officer. Upon request, show the police your driver’s license, registration, and proof of insurance. In all circumstances, be courteous and professional during an encounter with law enforcement. Keep your hands visible at all times and out of your pockets. Don’t bad mouth or curse at the police or call them names. Don’t physically touch an officer. Do not make sudden movements. Stand and remain where they tell you to. Do not interfere with, try to run or walk away from, or obstruct the police – you can be arrested for doing so.

Do Not Take Field Sobriety Tests If Stopped For DUI

If the police suspect that you have been drinking, they will begin a DUI investigation and will ask you to do Field Sobriety Tests. All field sobriety tests are voluntary and optional in Georgia. You can refuse to take Field Sobriety Tests, and your refusal cannot be used against you in court. Most field sobriety tests are difficult to perform sober and never reflect well on the individual stopped. NOTE: Field Sobriety Tests are different from breath and blood alcohol tests. The police will also ask you to take a breath, blood or urine test to determine your blood alcohol level or if drugs are in your system. You can refuse to take the breath, blood or urine test. Refusal, however, can result in driver’s license suspension and may be admissible against you at trial. If you are arrested following the traffic stop, your car will be searched.

Do Ask For A Lawyer 

If you are arrested, ask for a lawyer immediately. Remember and record officers’ badge numbers, patrol car numbers, and physical descriptions, if possible. Write down everything you remember as soon as possible. Try to find witness names, addresses, and phone numbers. If you are injured during an encounter with police, seek medical treatment and take photographs of the injuries as soon as possible. Obtain copies of your medical records after your treatment and provide them to your lawyer. 

Article written by:


The Law Office of Kim Stephens
1143 Prince Ave

Athens, GA 30606

(706) 548-3933

https://www.athens-lawfirm.com/

curved

Leave a Comment

Contact Stephens & Brown Today

By Kim Stephens 14 Aug, 2019
Stephens & Brown , Athens Georgia’s premier DUI and criminal defense law firm , welcomes University of Georgia , University of North Georgia , Athens Technical College , and Piedmont College students back to Athens . The fall is an exciting time in Athens, with students returning to the city, and football season just around the corner. Former Bulldog All-American and criminal defense attorney Kim Stephens encourages incoming students to study, work hard, have fun, and be careful to avoid being arrested and forever branded as a criminal.
By Kim Stephens 20 Feb, 2019
The Supreme Court of Georgia has made an important decision regarding the State’s use of a person’s right to refuse a DUI breath test as evidence in that person’s DUI trial . Elliott v. State , originally a 2015 Georgia DUI case , made it before the Supreme Court of Georgia. In a unanimous opinion, the Court held that when a person refuses to submit to a chemical test of his or her breath, the fact that they refused testing cannot be used against the accused at trial. Prosecutors should no longer be able to comment on a person’s refusal or motive to refuse testing. Judges will no longer instruct juries that they should presume a person was under the influence of alcohol merely because he or she refused to take a state breath test. The Georgia Supreme Court has now officially recognized that a person has a constitutional right to refuse a DUI breath test .
By Kim Stephens 10 Aug, 2018
Stephens & Brown , Athens Georgia’s premier DUI and criminal defense law firm , welcomes University of Georgia , University of North Georgia , Athens Technical College , and Piedmont College students back to Athens and encourages students to learn about the state laws and ordinances in Athens to avoid criminal charges while studying here. The fall is an exciting time in Athens, with students returning to the city, and football season just around the corner. Former Bulldog All-American and criminal defense attorney Kim Stephens encourages incoming students to study, work hard, have fun, and avoid being arrested and forever branded as a criminal. Remember, if you are charged with a crime or asked to meet with school administrators about alleged crimes, academic dishonesty, or other violations of your school’s Honor Code, it is essential that you hire an attorney who can provide you with a powerful defense and protect your future. Kim Stephens defends students every day against false or inflated accusations, winning in court, and preventing incidents from impacting students’ education and lives beyond college. Students should be aware of the following state laws and local ordinances:
By Kim Stephens 11 Jun, 2018
On July 1, 2018, Georgia’s distracted driver law takes effect. This new law prohibits drivers in the State of Georgia from using wireless communication devices including cell phones and tablets/Ipads in any manner other than through a hands free accessory, i.e. Bluetooth technology.
By Kim Stephens 11 May, 2018
Our Athens attorneys showed their appreciation for local medical workers with breakfast this week. The offices at Prince and King are located right next door to Piedmont Hospital in Athens, and we see the hardworking doctors, nurses, technicians, and staff every day, as well as the employees of the many other medical offices located on Prince Avenue. To show our appreciation for the work they do, our attorneys and staff provided breakfast and coffee outside our office on Tuesday morning. Criminal defense attorney, Kim T. Stephens , personal injury attorney Blaine Norris , and divorce attorney Michael S. Brown enjoyed meeting our local medical professionals, sharing food, and yes, a few bad lawyer jokes. We are thankful to all those who serve in the medical profession and want to express our appreciation to them this week and every week.
By Kim Stephens 26 Apr, 2018
Underage DUI: If you are under the age of twenty-one and drive any vehicle after consuming alcoholic beverages, you may be charged with DUI. Even if you are lucky enough to avoid a DUI charge, your driver’s license would likely be suspended if you are charged with MIP while driving. Don’t put yourself or others at risk. Walk (preferably with a friend so that you won’t be a good candidate for being robbed or mugged), call a sober friend, have a designated driver, take a cab, or let Uber help you.
By Kim Stephens 05 Mar, 2018
10 Traffic Laws You Probably Didn’t Know Existed You can be pulled over for going the speed limit. No left-lane cruising! Georgia law requires drivers in the left lane on a highway, interstate or expressway to move over if a faster car approaches from behind. You have to move over one lane for garbage trucks. Under Georgia’s “Move-Over Law,” drivers must move over one lane for all types of emergency vehicles stopped on the side of the highway including police cars, HERO units, ambulances, fire trucks, and even garbage trucks. If heavy traffic will not allow you to move over, the law says you should slow down to 10 miles per hour below the speed limit. It’s illegal to use the center lane to merge into traffic. The center “turn lane” cannot be legally used for any purposes except to make a left turn… hence, the name: “turn lane.” Drivers must enter the center lane 300 feet or less from the location where they will turn left, per Georgia law. You cannot wear headphones in both ears while driving. If your car speakers are broken or you use headphones to talk on the phone, you’ll have to settle for one ear or the other. You can wear a headphone in one ear but not both. NO open alcoholic containers in the car, period. Neither the driver nor the passenger can have an open alcoholic beverage. NO part of your tag can be obstructed from view. Tag frames and tinted covering of tags that obstruct any portion of the tag are illegal in Georgia. Don’t get pulled over for something as silly as concealing your tag. You can get a DUI on a horse. Yes, a horse. Bicycles, utility carts, golf carts, tractors, lawnmowers, horses and other things that transport you are classified as vehicles for certain purposes in Georgia. Law enforcement officers in Georgia have arrested people for DUI while driving all of these items. It will be interesting to see if “hoverboards” and Segway type devices will be classified as vehicles for DUI purposes. If it is raining and you don’t have your headlights on, you are breaking the law. Georgia law requires car headlights to be turned on when it’s raining. Drivers must turn on headlights when driving in the rain. Having automatic lights that don’t turn on during a storm is not a defense; ensure that you manually turn them on each time it rains. If all the traffic lights go out at an intersection, the law requires drivers to treat it as a four-way stop. Please be aware of this requirement during this stormy time of year. Finally, and most importantly, IT IS ILLEGAL TO TEXT OR DO ANYTHING ELSE WITH A MOBILE PHONE WHILE DRIVING A VEHICLE OTHER THAN MAKING OR RECEIVING A CALL – EVEN IF THE CAR IS STOPPED. Understand this, a driver cannot use any wireless communications device to write, send, or read any text based communication, including but not limited to a text message, instant message, e-mail, social media platform, or any other internet data unless legally parked off the roadway. PS- Watch out! In other states, such as California, it is illegal to answer or make phone calls with a handheld device… meaning you must use a Bluetooth or hands-free device only.
By Kim Stephens 12 Feb, 2018
We are now settled in our new location at the corner of Prince and King. 1143 Prince Avenue has undergone extensive renovations, and has been lovingly restored to its former glory. We are just waiting for our sign to be completed– the one in the picture here is temporary.
By Kim Stephens 07 Feb, 2018
Have you been arrested and charged with a crime? Nationally ranked defense attorney Kim T. Stephens explains the truth behind many myths and preconceptions people have about arrests.
By Kim Stephens 14 Aug, 2017
Stephens & Brown , Athens Georgia’s premier DUI and criminal defense law firm , welcomes University of Georgia , University of North Georgia , Athens Technical College , and Piedmont College students back to Athens . The fall is an exciting time in Athens, with students returning to the city, and football season just around the corner. Former Bulldog All-American and criminal defense attorney Kim Stephens encourages incoming students to study, work hard, have fun, and be careful to avoid being arrested and forever branded as a criminal. Remember, if you are charged with a crime or asked to meet with school administrators about alleged crimes, academic dishonesty, or other violations of your school’s Honor Code, it is essential that you hire an attorney who can provide you with a powerful defense and protect your future. Kim Stephens defends students every day against false or inflated accusations, winning in court, and preventing incidents from impacting students’ education and lives beyond college.
More Posts
Share by: