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FREQUENTLY ASKED QUESTIONS

The information contained on this web site is general in nature and is not intended to be a substitute for specific legal analysis or legal advice about your situation. You should not act or rely on the information contained on this site without obtaining appropriate professional advice. Neither this web site nor your access to this site creates an attorney-client relationship between you and the Cutler Law Office, P.A. or its owner John E. Cutler. Be aware that electronic mail on the internet is not secure and may not be confidential. Any e-mail sent to any address on this site would not be confidential and would not create any attorney-client relationship. The links on this web site are provided solely to help you locate other internet resources that may be of interest to you. These links do not constitute referrals or endorsements of the lined entities.

Why should I hire a criminal defense lawyer?

1. The Prosecutor may be an upstanding man of integrity, BUT if you have been charged with a crime THE PROSECUTOR IS NOT YOUR FRIEND!!! The Prosecutor does not represent you in Court and is not there to present your side of the story or make argument\recommendations that you want the Court to hear. THE STATE HAS AN ATTORNEY, YOU SHOULD TOO!!!

2. IF YOU ARE INNOCENT, you need an experienced Criminal Defense Lawyer to assist you in proving your case. The Rules of Evidence and Trial Procedure are complex and if you handle your own case you may not be able to present the evidence necessary to show your innocence. Innocent people are sometimes convicted if they do not have good legal assistance. See The Innocent Project Webpage at http://www.innocenceproject.org/case/

3. IF YOU ARE GUILTY, you need an attorney:

a) To make sure that the State has the evidence to prove you are guilty. And to make sure that the State obtained their evidence without violating your Constitutional Rights. If the State did violate your Constitutional Rights a good Criminal Defense Lawyer can request that evidence seized unlawfully be thrown out and not used by the State against you;

b) To make sure that the State has not over charged you. It is not uncommon for Law Enforcement Officers or Prosecutors to charge an individual with a crime that is the most severe crime that they think they can prove, and not the crime that most likely fits what you have done. A good Criminal Defense Lawyer will make sure you are not over charged. This may include getting felonies reduced to misdemeanors etc.;

c) If the State has the evidence and has not over charged you a good Criminal Defense Attorney can help negotiate a fair Plea Agreement and represent you and present your case at Sentencing before the Judge. Remember the Prosecutor does not present your case at Sentencing and is not your friend. See #1;

YOU HAVE IMPORTANT RIGHTS; DON’T LOSE THEM BECAUSE YOU DON’T HAVE AN ATTORNEY TO ASSIST YOU. CRIMINAL PUNISHMENT HAS SEVERE CONSEQUENCES TO YOU RIGHT NOW AND IN THE FUTURE.

REMEMBER THE STATE HAS AN ATTORNEY. DON’T GO IT ALONE.

SEE #1, ABOVE

Aren't attorneys expensive?

That depends on how you look at it. Criminal consequences are severe right now and in the future. A Criminal Record can cost you future jobs or raises. In some cases it can eliminate you from every entering certain career choices. Additionally, certain traffic offenses can suspend your driver’s license and increase you insurance further complicating your ability to work. Additionally, how much is it worth to spend even one less day in Jail.

You can go it alone and/or you can shop for the cheapest Attorney; however, remember: YOU GET WHAT YOU PAY FOR!!!

HIRE AN ATTORNEY THAT HAS THE REPUTATION AND EXPERIENCE NEEDED TO DO THE JOB. IT IS YOUR LIFE, YOU DESERVE THE BEST!!!

I just got pulled over by the police, what do I do?

1) Be Polite, and Courteous!! Pull over, and shut off your car. Place your hands on the wheel where the officer can see them. Officers want to be able to see your hands for their safety;

2) Provide the Basic Information. You will need to provide the Officer with your License, Registration and Insurance, but you don’t need to volunteer additional information that may convict you. Officers are highly trained at getting you to provide information that they will use to convict you. Questions such as “do you know how fast you were going? or Do you know the speed limit?, do not have to be answered. You have a right pursuant to the FIFTH AMENDMENT to the U.S. Constitution to remain silent and not incriminate yourself. Remember to be Polite, BUT do not fall prey to giving up your Fifth Amendment rights and voluntarily provide information that will be used to convict you. However, if you do talk to the Officer, you should be honest as being dishonest will usually hurt you. That may be the best reason to remain silent;

3) Just say “NO” to Warrantless Searches. The FOURTH AMENDMENT to the U.S. Constitution protects us from Warrantless searches and requires that an Officer go to a Judge and get a warrant to search your car, home etc. While there are many exceptions that allow Officers to search without a Warrant, like illegal items in plain view etc. the most common exception is when the owner consents to the search. IF YOU CONSENT YOU HAVE JUST WAIVED YOUR RIGHTS UNDER THE FOURTH AMENDMENT, AND IT DOES NOT MATTER IF THE OFFICER HAD A RIGHT TO SEARCH OR NOT. Don’t give the Officers a free pass around your rights, DON’T CONSENT TO SEARCHES. If the Officer searches your car anyway, your lawyer can get the evidence thrown out if the Officer did not have the right to search. But if you consent you are done. Remember this line:

OFFICER, I DON’T CONSENT TO WARRANTLESS SEARCHES.

(Remember be polite when you say this).

4) Determine if you can leave. If an Officer is allowed to detain you (traffic stop etc) he should not detain you any longer then is needed to conduct his business. If it appears that the Officer is finished with his business and is starting to ask you about unrelated items, ask him this question (while remembering to be polite):

OFFICER, AM I FREE TO GO NOW??

This will force him to make a decision as to whether he feels he has probable cause to detain you further, and\or arrest you or let you go.

5) If the Officer does detain you further and\or arrest you, DO NOT RESIST. This will only lead to additional charges and allow the Officer to use physical force on you (ouch).

6) If you have exercised your rights as outlined above, you will give your attorney the maximum opportunity to investigate whether the Officers violated any of your rights and get the evidence thrown out.

REMEMBER YOU HAVE IMPORTANT RIGHTS PURSUANT TO THE U.S. CONSTITUTION. DON’T THROW THEM AWAY.

An excellent website and video on your rights can be found at:

http://www.flexyourrights.org/

A limited supply of the Busted Video is also available at the Cutler Law Office.

I have just been arrested for DUI, I blew over the legal limit, can anything be done to help?

Yes!!! -Attorney John E. Cutler at the Cutler Law Office handles DUI cases in all situations, such as when an individual’s breath test result is above .08, or if they refused to take the test and or individuals who are accused of Driving Under the Influence of drugs.

In each case we scrutinize the evidence to ascertain whether:

1) Was the evidence obtained in a constitutional manner? IF NOT the evidence can be thrown out and not allowed to be used in Court against you;

2) Did the Officer follow the proper procedure when they administered the Field Sobriety Test and the Breath Test.? IF THEY DID NOT, the reliability of the test results may be challenged in Court;

3) The machine is sometimes wrong. A skilled Attorney is needed to present to the Jury the evidence that can show your innocence.

A Driving Under the Influence Charge carries some of the most severe penalties of any misdemeanor offense. Don’t Go It Alone Hire an Attorney with the Skills and Experience needed.

BY TAKING THESE STEPS WE CAN MAXIMIZE YOUR CHANCES OF BEING FOUND NOT GUILTY AND/OR MINIMIZE THE PENALTIES.

(The Cutler Law office often encourages and enlists the services of Robert La Pier, an expert on Field Sobriety Tests and the Breath Test machine. See his website www.lapier.com.)

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