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Main Office
24460 Telegraph Rd.
Southfield, MI 48034
Toll Free - (877) 353-3600
Office - (248) 353-3600
FAX - (248) 353-3547
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Westland Office
6149 N. Wayne Rd.
Westland, MI 48185
(734) 722-2044
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Your Champion In The Courtroom

Criminal FAQs

Q: What Do I Do When I Am Stopped By Police While Driving?
A: From the moment the officer stops you, he or she can record everything you say and use it against you. One of the first things an officer may say to you is, ‘‘Do you know why I pulled you over?’’ This is a common technique that police may use to get you to confess to a possible road violation. As soon as the officer approaches the vehicle, say, ‘‘Good afternoon, officer. Can you tell me why I am being pulled over?’’ When the officer asks for your license and registration, pull them out slowly and hand them to the officer. Try not to say anything while the officer is reviewing the documents. Don’t tell the officer you are late for a meeting or you have to pick up your kids from school because that could be considered a reason for speeding or reckless driving. Wait until the officer asks you questions before you speak. The officer may ask you a series of questions about how fast you were going, where you were going and what you were doing. Answer any questions you can honestly. You don’t want to provide the officer with any false information at any time. If you don’t know the answer, simply respond, ‘‘I don’t know.’’ REMEMBER: You may always refuse to answer any question and request your attorney. If the officer writes you a ticket, accept it quietly. Listen to any further instructions, including information on how long you have to pay the fine or what you must do if you want to contest it. If the officer just gives you the ticket without explaining what your rights are you may be able to successfully challenge the ticket in court.

  1. Before you leave the scene, write down the following information:
  2. Exact Location of yourself (when you think the Police Officer tagged you with the radar/paced your speed and where you pulled over)
  3. Traffic and Weather Conditions, including adjacent vehicles
  4. Any possible interference with Radar Signal (i.e. Airport, Bank, etc.) Other Relevant Information

Q: Can I Just Plead Responsible And Pay The Ticket?
A: Yes, you can like 85% of Americans, but it is not in your best interest. Almost every time you plead responsible to a civil infraction, it is posted to your driving record; you receive points and a heavy fine. For insurance purposes these points count against you for a 3-year period. One ticket on your record could result in $1,000's in insurance surcharges that you have to pay. It is estimated that over 100,000 tickets are handed out each day. Do the math yourself and you can easily see who the real winner is if you merely plead responsible and pay the fine.

Q: Who decides how the criminal justice system works?
A: Though legislators have relatively unfettered power to decide whether a certain behavior should be a crime, many rules limit the ways in which the state or federal government can prosecute someone for a crime. These restrictions start with the U.S. Constitution’s Bill of Rights, which provides basic protections-such as the right to refuse to testify against oneself, the right to confront one’s accusers and the right to a trial by jury-for people charged with crimes. State constitutions may increase (but not take away from) the federal protections. Federal and state legislatures can pass laws governing how criminal procedures work in their jurisdictions, but these laws cannot reduce the protections offered by the federal and state constitutions.

The interplay between constitutional provisions and legislative enactments is regulated by our courts. Courts decide whether or not a particular legislative rule, court practice or police action is permissible under federal and state constitutional law. What may seem like a slight variation from one case to another can be, in the eyes of a court, the determining factor that leads to a vastly different result. For example, a police officer is frisking a suspect on the street and feels a hard object in the suspect’s pocket. Suspecting that the object is a possible weapon, the officer reaches into the pocket and finds both a cardboard cigarette box and a packet of heroin. This action by the police officer -- reaching into the pocket -- would be deemed a permissible search under the rulings of most courts (to protect the officer’s safety), and the heroin could be admitted into court as evidence. However, if the object felt by the officer was soft and obviously not a weapon, then reaching into the suspect’s pocket might be deemed an illegal search, in which case the heroin couldn’t be used as evidence.

Q: What’s the difference between a felony and a misdemeanor?
A: Most states break their crimes into two major groups-felonies and misdemeanors. Whether a crime falls into one category or the other depends on the potential punishment. If a law provides for imprisonment for longer than a year, it is usually considered a felony. If the potential punishment is for a year or less, then the crime is considered a misdemeanor. In some states, certain crimes, called ‘‘wobblers,’’ may be considered either a misdemeanor or a felony, because under some conditions the punishment may be imprisonment for less than a year, and in other situations, the criminal may go to prison for a year or more.

Behaviors punishable only by fine are usually not considered crimes at all, but infractions-for example, traffic tickets. But a legislature may on occasion punish behavior only by fine and still provide that it is a misdemeanor -- such as possession of less than an ounce of marijuana for personal use in California.

Q: Searches & Seizures: What Are The Limitations of the Police
A: Although people in the United States are entitled to privacy and freedom from government intrusion, there is a limit to that privacy. State or federal police officers are allowed, where justified, to search your premises, car, or other property in order to look for and seize illegal items, stolen goods or evidence of a crime. What rules must the police follow when engaging in searches and seizures? What can they do in upholding the laws, and what can't they do? Call us now for a free consultation.