Frequently Asked Questions

The following tips are provided as general guidelines and are not intended as a specific legal opinion. They do not address every situation. If you want the protection afforded by a lawyer’s advice, you should contact an attorney immediately. Failure to do so could seriously affect your defense later in court.

In general, when dealing with the police…

Stay Calm – the worst thing you can do is behave nervously or become rude.

Keep your hands in the officers’ sight at all times.

Do not run, resist, or touch an officer no matter how innocent you think you are – you will almost certainly be arrested.

In most instances, you have the right to have your attorney present during any police questioning.

If you are arrested, you are allowed to ask why. But, if the police refuse to tell you, do not argue – take the issue up with your lawyer at a later time.

As soon as possible, write down everything you remember – in detail. If there are witnesses, get their names, addresses, and phone numbers as soon as possible.

If you are injured, take photos and immediately seek medical attention.

Searches…

You never have to give consent (permission) for the police to search you, your vehicle or your home. Usually, but not always, the police need a warrant to search without your permission. In any case, if you give permission for a search, your rights will be affected.

If the police are conducting a search, do not interfere or block their work. If you originally gave consent and wish to take it back, you may, but you should do so only verbally. If the police continue to search after you clearly revoke your consent, you can and should take the issue up later with your attorney.

In some cases, the police can search your car, home and even your person without a warrant. Ask why they are searching and clearly state that you do not give them permission. Do not try to stop them, simply say that you do not consent.

I was just walking down the street…

Generally, except to identify yourself, you do not have to answer questions from police, but remember that a refusal might increase suspicion.

If the police decide to put you under arrest, you can and should ask for the reason. If they refuse to tell you, comply with their orders. You can deal with the situation at a later time with your lawyer. Resisting arrest is a crime.

Under federal and Ohio law the police have the right to “pat” down your outer clothing if they have reason to believe you are carrying a weapon.

I was just driving down the street…

Pull over as soon as you see a police car with its red and blue lights activated. Do not wait until you get to a better spot, unless it would be unsafe to stop where you are (e.g. in the middle of a highway with no shoulder).

If the officer asks for it, show your Driver’s License, registration and proof of insurance. Politely ask the officer why you were stopped. Do not argue about the reason for the stop. If you feel it was unjustified, discuss the matter at a later time with your attorney.

If you are suspected of DUI/OVI it is probably best to refuse any and all testing even though Ohio law provides for an administrative driver’s license suspension. If you agree to the test, it may very well be admissible against you in court.

I was just sitting in my house…

Do not step outside of your front door. The police have much more freedom to arrest you if you do, whether they have a warrant or not. If the police force their way into your home, do not resist. Take the issue up with your lawyer at a later time.

If the police ask to search your home you do not have to give permission. They still might enter and you should not attempt to physically stop them; clearly state that you do not give them permission to enter or search. If you feel the police entered your home without justification, you should take the issue up with your lawyer at a later time.

If the police decide to arrest you or someone in your home, they are entitled to search the area in the immediate vicinity. In a building, that is usually the room in which the person being arrested is standing.

If you have dogs or other potentially dangerous pets in your home, it is usually best to warn a searching police officer before there is a problem. If an officer is injured without knowledge of the animal, you could face additional criminal and civil penalties.

The officers want to talk to me at the police station…

You are not required to volunteer to speak with the police. If you decide to cooperate, you should do so only with your attorney present. Anything you say can be used against you later in court.

I was just arrested…

Tell the police you want to remain silent except to ask for and call your lawyer. You are not required to answer questions without an attorney present (except for your identity). Even when the police tell you to “help yourself out” or “there must be an explanation”, do not speak to them. What might seem like a good explanation to you will probably make matters worse.

Ask for a lawyer. Be very clear. Say, “I want to talk to a lawyer.” The Supreme Court has said that statements such as “I think I should talk to a lawyer” are not enough to trigger the rules that protect you from continued interrogation.

You have the right to a phone call sometime within a reasonable period after arrest or booking. You can call anyone you want. If the call is to a lawyer, the police may not listen to the conversation. That is not true of other people; you should assume that the police will listen to the call. If you talk about a crime, they will use your statements on the phone as evidence.

You have the right to a bond (bail) hearing, but not to a certain amount or type of bond. If you feel the bond is too high, you can ask your attorney to request a hearing.

Criminal matters are always serious and you should speak to a lawyer immediately. Attorney Paul Redrup is happy to provide a free one-time consultation for any criminal case. Simply call 419.464.1225 or contact Paul Redrup and fill out the response form.