Remembering 9/11/2001
September 11, 2020
The Fight for Justice Has Rules
May 13, 2021
But Protect your Life, Liberty and Livelihood
For many, 2020 was a terrible year – with the ongoing fear of COVID-19, job losses and layoffs, looming foreclosures and evictions, a still contested Presidential election, a bitterly divided country – who wouldn’t want to celebrate the end of 2020 and welcome in a new year?
Celebrations may be quiet, at home affairs for most people. But others are likely to flaunt the Governor’s restrictions and seek out parties. Many of these gatherings will include alcohol.
While drinking alcohol is legal, common, and socially acceptable, drinking to the point of impairment may not be. Someone who is intoxicated in public may violate the law. If they do something to disturb another person, they could be charged with the criminal offense of disorderly conduct. Sometimes, a fight erupts that could lead to assault, battery or domestic battery charges. If an impaired person gets into a motor vehicle, a charge of DUI could result, even if the vehicle was never driven or the engine never started.
Therefore, we encourage our clients and friends to celebrate safely and to drink responsibly.
Accidents involving alcohol are avoidable, and sometimes fatal. In the event that one of our clients or friends do get into trouble with the law and the police are called, we want to remind you of your important constitutional rights.
KNOW YOUR RIGHTS IF ARRESTED:
The Constitution Protects Us All
The Fifth, Sixth and Eighth Amendments of the United States Constitution provide the basic rights of citizens under arrest:
The Fifth Amendment says that “No person . . . shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty or property, without due process of law.”
The Sixth Amendment gives the accused the right to a speedy and public trial, by an impartial jury, the right to be informed of the charge, the right to confront witnesses against him, the right to subpoena witnesses in his favor, and the right to an attorney.
The Eighth Amendment prohibits excessive bail, excess fines and the infliction of cruel and unusual punishment.
The Fourteenth Amendment extended these same rights to people arrested for violations of State laws.
These rights were summarized in the “Miranda Warnings” resulting from a U.S. Supreme Court decision in 1966, which are required when a person is in police custody and about to be questioned:
“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?”
Keep in mind that any voluntary statements made by a person prior to being taken into police custody can be used in court. Therefore, I caution clients against talking with the police if there is any possibility, however remote, that they could be connected with any unlawful activity until they first talk to their lawyer.
If you or someone you know has been arrested and are facing traffic or criminal charges, or loss of your driving privileges, call the Martucci Law Office today at 630-980-8333 to schedule your free initial office consultation. Learn how we can protect your constitutional rights and help you out of legal problems.