Frequently Asked Questions
Jump to…
? General Criminal Law FAQ
? DUI/DWAI FAQ
General Criminal Law FAQ
1. The police asked to search my car; do I have to say yes?
NO! The police are trying to get you to give consent. The police have to have a reason to search your car (or your home, or your person, etc…). The reason is called probable cause, and without it, any search conducted would be unconstitutional, and should be excluded from any subsequent trial. However, the police can get around this rule by asking for your consent. When police are questioning you, it can be an intimidating experience. However, the courts do not give the inherent pressure that police can exert any weight-if you give consent, that will be sufficient to justify the search, even if you felt coerced. Even if you don’t think you have anything to hide, in our experience the best practice is not to give the police consent to search-it is surprising to realize what items might be considered “evidence.” The police have a lot of power, and there’s not reason you should put yourself in a position to be arrested.
2. I think that I might have a warrant; what can I do?
If you have a warrant, an attorney can help you find out if in fact there is a warrant, and if so, can help to resolve the issue. This can range from arranging for you to turn yourself in to having the warrant quashed. Each situation is unique, so speaking with an attorney sooner rather than later is important.
3. It’s just a misdemeanor charge; is it even worth it to hire an attorney?
If you are charged with a misdemeanor crime depending on the jurisdiction you can be facing up to 1 year in jail and a fine. These are serious consequences and even though you may not be facing a year in jail for your misdemeanor charge, the collateral consequences of a criminal conviction can affect your ability to own fire arms, get employment, or go to school. It’s in your best interest to find a competent attorney who is dedicated to your case. Here at Margeson & Reed we have experience dealing with these types of cases, and can help you achieve the best resolution possible.
4. I need an attorney, but don’t think I can afford one; what should I do?
Call Margeson & Reed. While we can’t offer free representation, we do offer representation based on a sliding scale for some clients. This means that the fee you pay is based on your ability to pay. Also, Margeson & Reed offers a wide variety of payment options, and will work with you to create a payment option that works for you. This could be anything from credit card payments to contracts that allow you to pay your fee in installments. Don’t let your finances scare you away from legal representation. If you think you need an attorney, chances are you do. In most cases, your financial situation will not improve if your case proceeds without an attorney, and realistically will probably get worse. Don’t wait, call Margeson & Reed today for a free consultation.
This is not legal advice. If you need legal help please contact Margeson & Reed, LLC
DUI/DWAI FAQ
1. I have been pulled over for DUI; what should I do?
This is a hard question to answer, but one that hopefully you get to think about before you are pulled over. While the best practice is to not drink and drive, the reality is that the DUI laws have become so draconian that what is really normal and safe behavior has been made criminal. With that being said, the best advice is to take a cab. Even if you feel fine, you may be legally over the limit.
However, if you have been pulled over, there are a few things that you should remember, and that may help you with you case should you be arrested for DUI or DWAI. First, you do not have a right to a lawyer during the initial testing phases. So although we recommend that you ask for a lawyer early and often, you are not ENTITLED to a lawyer until you are actually under arrest. When you are under arrest for a DUI is a murky area. While you might find yourself in handcuffs, and in the back of a patrol car, you are probably not yet under arrest. So what to do? First, you are NOT required to take any tests at the scene. This includes physical tests (lovingly called to roadside Olympics by many) and the portable breathalyzer (PBT).
2. The police have asked me to do roadsides; should I?
The police ask you to do roadside tests including the portable breath test so that they can gain probable cause to arrest you. Don’t help them out with this. If you think you are drunk, refusing these tests may be helpful during your case-stumbling around and generally appearing to be drunk will not endear you to any judge or jury. Furthermore, the results of PBTs are not generally reliable, so unless you have had ZERO to drink, don’t do it.
The roadside tests that a police officer might ask you to perform are difficult for even a sober person to pass. Once again, failing these tests give the police probable cause to arrest you. Doing the physical road sides can only hurt you and your chances if you should be arrested and have to stand trial.
3. The police have told me that I have to take breath test at the station; should I?
You have the right to take a blood or a breath test. You can request to take a blood test or breath, but once you’ve picked which test you wish to take changing your mind may count as a “refusal.” A “refusal” is police terminology for failure in any way to comply with their instructions during a test or flat out not taking a test. A refusal can result in the loss of your license for 1 year. This is a DMV rule that is a basically part of your contract to have a driver’s license.
So you should take either a breath or a blood test, even if you are above the limit. You will probably not have your license revoked for as long if you submit to a test. Refusing to take the test doesn’t help anyway. You will probably still be charged with DUI, and the prosecutor can introduce your failure to take the test as evidence of your guilt.
4. I can’t believe I was arrested; what do I do now?
Most importantly, HIRE A LAWYER. Get a lawyer as soon as you can. A lawyer can help you understand what the evidence against you is, can find weaknesses in the prosecutions case, can look for reasons that the initial traffic stop is invalid, and if all else fails, can help you negotiate a better plea deal than you would get on your own. Having aggressive representation when facing a DUI or DWAI charge is of the utmost importance, and we cannot stress this fact enough. Here at Margeson & Reed, we want to help you with your case, but even if you don’t seek help from us seek help somewhere!
This is not legal advice. If you need legal help please contact Margeson & Reed, LLC
Matthew G. Margeson — Colorado Attorney
Mr. Margeson completed his undergraduate studies at the University of Michigan, where he recieved a degree in computer engineering. Mr. Margeson recognized that he wanted to work with people, helping them resolve their problems, and enrolled at University of Denver Sturm College of law.
After receiving his Juris Doctor degree and successfully completing his bar examination, Mr. Margeson co-founded the law firm of Margeson and Reed LLC. Mr. Margeson practices in the areas of family law, criminal defense, and estate planning. Mr. Margeson also periodically works as a substitute prosecutor at Englewood municipal court. Mr. Margeson enjoys cooking in his free time, and you can visit the legal themed cooking blog he and his wife Nicole have made at thefoodcourt.terapad.com.
Mr. Reed has lived in Colorado for his entire life. He graduated from Aurora Central High School in Aurora. He received his Bachelor of Science degree in Business Administration from the University of Phoenix, and received his Juris Doctor Degree from the Sturm College of Law at the University of Denver in May of 2007.