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Jack Hyatt
When you retain Jack Hyatt in your DUI, Driving on Suspended or Revoked License, Speeding or Radar case, you will get an excellent opportunity to have your case dismissed prior to trial. You will also get an excellent opportunity to avoid a PBJ or DUI criminal conviction that can stay with you for the rest of your life, result in multi-year insurance increases and loss of your license. Upon receipt of your call, we will explain defenses youi may not be aware of
(Client Comments)
" Jack Hyatt is the lawyer you need to speak with. He got my Baltimore City drunk driving charges dismissed on his motions before I had to testify. No ifs, no ands, no buts, "dismissed". " V.E.
" Thanks you for your excellent representation in my 3rd DUI case, suggesting that I demand a ury trial and getting all of my DUI charges nolle prosequi. J.C.
"Thanks for a job extremely well done in getting my DUI, negligent driving, and all 11 related charges dismissed prior to trial so I did not have to appear in court and also having my MVA hearing dismissed."~N.M.
"I was nervous about my DUI charges from the day I was charged until the day you called several days prior to trial indicating all charges would be dismissed and I would not have to appear in court. Thanks again for suggesting I not accept the state's offer to plead guilty."~~R.F.
"I selected Jack Hyatt because of his experience, knowledge and reputation. He thoroughly investigated my case, detected technical mistakes made during my arrest and had my DUI and all other charges completely dismissed at trial. If you are charged with DUI or any traffic charge, he is the lawyer you need to call."~~R.S.
"I was extremely worried about my pending DUI charges due to two prior DUI convictions. Your aggressive representation was excellent in getting all DUI charges dismissed prior to trial. You were always available to answer my questions."~~T.D.
"Thanks for suggesting I plead not guilty and getting my Howard county DUI case dismissed. Your advice throughout the case was outstanding.~~F.H.
"I was thrilled to learn that you had my DUI case dismissed prior to trial and we did not even have to appear in court. I thoroughly recommend your services."~~D.G.
"Your advice and efforts exceeded my expectations as you suggested I plead not guilty and my fourth DUI case was dismissed. I appreciate your answering all of my questions and keeping me informed throughout the entire case."~~R.J.
"Thanks for your outstanding representation in filing an effective appeal and getting my sentence reduced to PBJ on the appeal."~~M.L.
"Many thanks for getting my driving on suspended license charge dismissed so I did not have to appear in court."~~P.S.
"Thanks for advising me to plead not guilty and getting my DUI and negligent driving charges dismissed to I did not have to go to court."~~A.H.
" Thanks for suggesting I contest my Baltimore County driving on suspended license charge and getting my case dismissed. Your representation was outstanding."~~M.A.
"Thanks again for your aggressive representation in getting my MVA hearing dismissed and saving my license."~~F.F.
"The result you obtained in my third DUI case was outstanding. I wish I had known about you earlier. Thanks." ~~M.J.
"Your straight forward answers to my questions were greatly appreciated. Thanks again for getting my Federal DUI dismissed."~~ S.E.
"Thanks for advising me to plead not guilty and getting all of my Prince George's County DUI charges dismissed." ~~S.R.
"Thanks for a job well done in getting my driving an uninsured vehicle dismissed so did not have to appear in court."~~C.F.
"Your representation and results exceeded my expectations in my DUI case."~~J.D.H.
"I appreciate all of your efforts in getting all of my Anne Arundel County DUI charges dismissed."~~R.E.
"I am so glad I selected you as my lawyer and did not plead guilty as I originally intended as your representation resulted in getting my driving on a suspended license charge dismissed. Thanks for a job well done."~~D.B.
" Your diligent representation was excellant in getting me a PBJ for my second DUI. The outcome was better than I expected. Thanks. ~~ I.A.
?Your strategy, motions and aggressive representation was excellent in my violation of probation case. Thanks for getting my probation continued especially as it was against the recommendation of the state?s attorney.?~~ G.W.
" I'm glad I listened to you and plead not guilty as you were able to get all of my DUI charges in Baltimore County dismissed."~~H.L.
"Your representation in my Calvert County DUI case was outstanding. If anyone needs a lawyer in a DUI case you are the lawyer they need to call." ~~ J.B.
Upon receipt of your call, we will fully explain all your options, common police mistakes, proven DUI defenses that work, re-testing, expungement of records, how to save your license, the ways in which DUI cases can be dismissed prior to trial and the very best way to proceed in your case depending upon your facts.
Jack I. Hyatt is fully licensed to practice in every Maryland county as well as the Maryland Federal court. Even if you believe you are guilty, the state may not be able to prove you are guilty. Our aggressive representation will enable us to target your available defenses to get your case dismissed. You can either schedule an appointment, or if you are more than 20 miles from our office, or out of state, you can begin your case by telephone in which event, the steps we take and the result will be identical.
As a past Assistant State's Attorney, he has gained experience in over 20,000 cases, thoroughly knows the state's play book, understands police mistakes, and is able to use both sides of the law to target potential available defenses to get your case dismissed prior to trial, keep your license, avoid a PBJ, and a criminal conviction for DUI and multi-year insurance increases.
Both Maryland and out of state lawyers have chosen Jack I. Hyatt to represent them in their personal DUI cases.
The police are required to follow strict procedures. Failure to do so can lead to the dismissal of your DUI case. What is referred to as a "Technicality"or "Loophole", is actually a way of using the constitution to have your case dismissed. I understand how to dismantle the toughest cases, even with the highest breath test results. I also understand exactly how physical or mental illnesses or disabilities can be confused with DUI and the very best way to project these defenses to the court and also recognize when they will not work. Not every lawyer has the same training and experience to defend DUI cases.
We offer you an excellent opportunity to avoid a guilty plea, a PBJ or permanent conviction on your record that often can never be expunged, multi-year insurance increases and possible fine or jail sentence. Each case is different and past records are no assurance that the lawyer will reach a favorable result in any future case. "Justice is your right, we demand it" Upon receipt of your call we will target your available defenses.
A question that is frequently asked is whether or not to submit to a breathalyzer test. Upon receipt of your call we will provide our answer.
JACK I. HYATT
DUI/DWI Attorney
Credentials
Former Assistant State's Attorney
Former Senior Criminal Probation Officer
Admitted To Practice Before:
The U.S. Supreme Court
Maryland Court of Appeals
Maryland Court of Special Appeals
Federal District Court
Member:
Maryland State Bar Association
Baltimore City Bar Association
Baltimore County Bar Association
University of Baltimore
A.A. B.S. J.D.
Honorable Discharge U.S. Army
"There is No Substitute For Experience."
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Not every attorney has the training, knowlege, and experience to effectively handle jailable traffic charges. Choosing the right attorney might make the difference between going to jail or going home.
Because you were charged with DUI in Maryland, Speeding, Driving on a Suspended License or Radar does not mean the State can prove its case. While most police officers perform their tasks properly, there are many instances when their omissions, acts, or failure to comply with detailed procedures when giving a ticket, or making an arrest, creates a valid and enforceable defense to enable your case to be dismissed prior to trial. Solid preparation and a knowledgeable Maryland DUI lawyer, with years of courtroom experience, who understands the sequences of arrest and trial are your best defenses and chances to get your case dismissed prior to trial.
As the result of your interview, I will detect the weakest link or links of the state's case and if a defense exists, I will detect it, raise it on your behalf and have your case dismissed prior to trial.
During your interview, I will ask detailed questions to determine what happened when you were charged and will explain what defenses will work to get your case dismissed. Just because the state has charged you with DUI does not mean you are guilty or the state state can prove you are guilty. Every case and factual sequence has a weakest link. The fact is, in numerous cases the state absolutely can not prove guilt.
I have been in that very same position, for many years, involved in many thousands of cases, as a past assistant State's Attorney. I know how to seek out the weak elements in the state's case and often can have the case completely dismissed prior to your trial.
Explaining to the court you were going with the flow of traffic, did not have a lot to drink, your speedometer was, or was not working, that other vehicles were traveling at a similar same speed, will provide your best chance of a busy, but polite judge, imposing a guilty verdict, causing an accumulation of points, an insurance premium increase and possible loss of your license. You can walk into any traffic court, at any time, and watch how these excuses do not work, but consistently result in points on your record and a substantial increase in insurance costs.
Jack I. Hyatt is a seasoned and experienced DUI Lawyer, having an extensive knowledge of the Maryland traffic court system, bringing over 30 years of courtroom experience, in many thousands of cases, to enable you to have an excellant opportunity to get your case dismissed. He has tried over 20,000 cases for the State of Maryland as an Assistant State's Attorney For the State of Maryland. This, day in, day out, continuous courtroom experience has enabled him to have a clear understanding how the Maryland traffic court system works, from the point of the initial charge throughout the entire court process. If you were stopped due to radar, photo radar, laser, lidar, vascar, police car pace or airplane pace, Mr. Hyatt's specific knowledge will enable him to zero in to detect essential elements of non compliance and get your case dismissed.
Frequently, knowlege of specific DUI and traffic court decisions and statutes, makes the entire difference between wining and losing. Motions filed with the court are meaningless, without incorporating these specific legal authorities into the documents filed on your behalf. Busy trial judges, who hear hear many different Tye's of cases, may not be as knowledgeable as a dedicated Maryland DUI Lawyer who can bring specific knowledge to each case which will make all of the difference between wining and losing.
Examples of Motions I am familiar with and can file on your behalf to attempt to have your charge thrown out are:
- To determine if the officer had reasonable suspicion to stop you?
- To determine if the officer had probable cause to place you under arrest?
- To suppress any statement you made in custody because you were not read your rights to remain silent?
- To suppress any sample of your blood, breath or urine where procedures were not properly followed?
- To object to evidence that was not obtained properly?
Mr. Hyatt is fully licensed to practice in every Maryland county, Baltimore city, all Federal Courts in Maryland as well as the United States Supreme Court.
Throughout your case, he will require the State of Maryland to prove every single element of their case beyond a reasonable doubt, which often, they can not do. He will ask detailed questions beginning when and why you were stopped, what did the arresting officer observe, how detailed is his memory, was the stop legal, was any search legal, reviewing what was said to induce you to speak, take any tests, were field tests administered properly, did the officer fully know how to administer the tests, was all machinery used in good repair, was all machinery used tested properly, was the machinery timely tested, did the officer know how to properly use the machinery, did the officer who tested the machinery know how to properly test it, when did the officer last qualify on the machinery are examples of preliminary questions.
It only takes one of these non-compliant elements to be detected to enable Mr. Hyatt to get your case dismissed prior to your trial.
Our office represents numerous parties around the country who do not reside in Maryland. If you reside outside Maryland, or more than thirty miles from our office, and your case is in the Maryland Court system, you can begin your case be mail. Whether you begin your case by scheduling an office appointment, or by mail, what will be done, every sequence, every procedure and the end result will be identical.
Examples of ways to beat DUI
ILLEGAL STOP OF PERSON OR VEHICLE
A driver cannot be stopped unless the officer has a reasonable and articulate basis to believe that a traffic law or other law has been broken. A person cannot be seized unless a violation has occurred.
WEAVING INSIDE THE LANES IS NOT ILLEGAL ? weaving without crossing any lines is not a violation of the law, and a vehicle cannot be stopped for that reason.
ANONYMOUS REPORT OF DUI -- a car cannot be stopped simply because an anonymous citizen reported that the driver was drunk.
STANDARD FIELD SOBRIETY TESTING IS INACCURATE ? in healthy individuals, the one-leg stand test is only 65% accurate, and the walk-and-turn test is only 68% accurate in determining if a person is under the influence. Those persons with injuries, medical conditions, 50 pounds or greater overweight, and 65 years or older cannot be validly judged by these tests.
NON-STANDARDIZED FIELD TESTS ARE INVALID - neither the Federal Government (NHTSA) nor medical science considers touching your finger to your nose, or saying the alphabet, or counting backwards, as valid sobriety tests.
BREATH TESTING IS INACCURATE ? virtually all experts concede that one breath test alone is unreliable. The Maryland Supreme Court has remarked that breathalyzers are not foolproof. Finally, breath testing in Maryland is subject to various inaccuracies, including a +/- 12.5% variance, non-specificity for ethanol, etc.
BOOKING ROOM VIDEOS - Many police stations videotape suspects at the police station, where their speech is clear and their balance is perfect, in spite of police testimony to the contrary.
IN-SQUAD VIDEOS - more and more often, the suspects driving and performance on field tests is being recorded; often contradicting police testimony.
FAILURE TO PROVIDE SPEEDY TRIAL - If a client is not provided with a trial within 120 to 160 days of demand, through delays of the court or prosecutor, the charges must be dismissed.
POLICE BLOOD TEST INACCURATE - Many times, police blood testing fails to follow prescribed rules of testing, analysis, or preservation recommendations.
HOSPITAL BLOOD TEST INACCURATE - Hospital blood tests overestimate a person?s true level by as much as 25% in healthy, uninjured individuals, and are not statistically reliable in severely injured persons.
BREATH TEST OPERATOR UNLICENSED - An Maryland Breath Test Operator must possess a valid, unexpired operator-s license, or the breath test result is inadmissible.
BREATHALYZER MACHINE MALFUNCTIONS - if there is a malfunction or repair of the breath test instrument within 62 days before or after a suspect's breath test, the results of the suspect's test are presumed invalid.
FIELD SOBRIETY TEST IMPROPERLY ADMINISTERED - according to the National Highway and Traffic Safety Administration, improperly administered field tests are not valid evidence of intoxication.
OFFICER'S PRIOR DISCIPLINARY RECORD - a police officer's previous disciplinary record can be used to attack the officer's credibility.
BREATH TEST OPERATOR LICENSE EXPIRED -- An Maryland Breath Test Operator must possess an unexpired operator?s license, or the breath test result is inadmissible. Licenses expire automatically every 3 years.
BREATH TEST DEVICE NOT APPROVED - A breath testing instrument must be listed on the Federal List of Approved Breath Evidential Instruments and the ISP approved list of Devices, or the results are inadmissible.
FAILURE TO PROVE DRIVING - a defendant?s admission to driving, without more, does not prove a charge of driving under the influence.
INDEPENDENT WITNESSES - often times, independent witnesses to accidents, bartenders, hospital personnel and others can provide crucial evidence of the defendant?s sobriety.
FAILURE TO MIRANDIZE - prosecutors may not use as evidence the statements of a defendant in custody for a DUI when the police have failed to properly issue Miranda Warnings.
FIELD SOBRIETY TEST IMPROPERLY Administered - according to the National Highway and Traffic Safety Administration, improperly administered field tests that are not valid evidence of intoxication.
OFFICER?S PRIOR DISCIPLINARY RECORD ? a police officer?s previous disciplinary record can be used to attack the officer?s credibility.
PORTABLE BREATH TEST INADMISSIBLE ? Maryland law prohibits the use of portable breath testing results as evidence at trial in a DUI case.
PORTABLE BREATH TEST IMPROPERLY Administered ? The manufacturers of many portable breath testing devices require a minimum of two tests to consider the results evidential in nature.
FAILURE TO CONDUCT OBSERVATION PERIOD ? Maryland requires that a driver be observed continuously for a minimum twenty minutes prior to a breath test in order for the results to be considered admissible and valid.
MISLEADING STATEMENTS BY POLICE OFFICERS ? Any misleading statement by the police regarding the consequences of taking (or refusing) a blood, breath, or urine test will cause the suspension to be reversed and removed from the driver?s record.
BREATH MACHINE NOT PROPERLY OPERATED ? the manufacturers of breath testing devices have specified protocols which must be followed for a breath result to be valid. Failure to follow these requirements will result in improper readings.
FAILURES TO PRODUCE DISPATCH TAPES: most stops of vehicles are recorded on dispatch tapes, as well as recording police communications regarding an arrest of an individual. Failure to preserve such tapes upon request can cause all evidence which could have been recorded to be suppressed.
STATUTES OF LIMITATIONS ? A misdemeanor charge of DUI must be filed within 18 months of the date of offense, or the charges will be dismissed outright.
PRIVATE PROPERTY ? a person who has not driven the car on a public highway cannot be suspended for DUI.
FAILURE TO DISCLOSE EXPERTS - the failure of the prosecutor to disclose the state?s expert(s) will cause those witnesses to be barred from testifying against the defendant.
EXPERT WITNESSES - Expert witnesses are available to review the validity of breath tests, blood tests and Field sobriety tests.
MEDICAL AND HEALTH PROBLEMS -- Medical problems with legs, arms, neck, back and eyes can affect the results of field sobriety tests. Further, other medical conditions can also affect the validity of breath test results.
BAD WEATHER - Weather reports establishing high winds, low visibility, and other conditions are available to explain poor driving or poor balance.
LACK OF PROBABLE CAUSE TO ARREST -- A police officer must have specific and articulable facts to support any arrest for DUI, or the suspension will be reversed and the evidence suppressed at trial.
ILLEGAL SEARCH - the police are prohibited from searching a person or the automobile for a minor traffic offense, and may not search a car without a driver's consent or probable cause. Any evidence illegally obtained is not admissible in court.
PRIOR INCONSISTENT STATEMENTS BY POLICE OFFICERS Any statement made by a law enforcement officer, verbally, in police reports, or at previous court proceedings may be used to attack that officer's credibility.
POST-DRIVING ABSORPTION OF ALCOHOL - the prosecutor must prove the blood or breath alcohol at the time of driving. Recent consumption of alcohol just prior to driving will cause the test results to be higher than what the true level was when the person was operating the automobile.
INTERFERING SUBSTANCES - many items contain forms of alcohol which may cause false results, such as asthma spray, cough drops, paints, fingernail polish. These items can cause the breath results to be invalid.
BREATH MACHINE NOT PROPERLY OPERATED - the manufacturers of breath testing devices have specified protocols which must be followed for a breath result to be valid. Failure to follow these requirements will result in improper readings.
FAILURES TO PRODUCE DISPATCH TAPES - most stops of vehicles are recorded on dispatch tapes, as well as recording police communications regarding an arrest of an individual. Failure to preserve such tapes upon request can cause all evidence which could have been recorded to be suppressed.
MISLEADING STATEMENTS BY POLICE OFFICERS - Any misleading statement by the police regarding the consequences of taking (or refusing) a blood, breath, or urine test will cause the suspension to be reversed and removed from the driver's record.
STATUTES OF LIMITATIONS - A misdemeanor charge of DUI must be filed within 18 months of the date of offense, or the charges will be dismissed outright.
PRIVATE PROPERTY - a person who has not driven the car on a public highway cannot be suspended for DUI.
FAILURE TO DISCLOSE EXPERTS - the failure of the prosecutor to disclose the state?s expert(s) will cause those witnesses to be barred from testifying against the defendant.
LACTATE RINGERS - when hospital staff use lactate ringers during the treatment of a patient, the hospital blood serum results will report falsely elevated, and therefore invalid, readings.
FAILURE TO RECORD CERTIFICATION TESTS - the failure to include the value of the simulator solution used to test breath machines will cause the breath test results to be inadmissible in court against the driver.
FORCED BLOOD DRAWS - the police may not take a blood test against the driver?s consent where there has not been an injury involved, or the result is inadmissible.
HOW TO DEAL WITH THE POLICE
Always Be Calm And Polite
You have no obligation to answer any question. If you are in your car, you must provide license, registration, and insurance. Anywhere else, you have no requirement to provide any information, and you cannot be arrested for not talking to the police. However, never badmouth or obstruct the police. If you are being arrested or detained, you have a right to know why. If not, ask if you are free to go and if so leave immediately. Everything you say to the police is important, and may be recorded without your knowledge.
Never offer any extra information.
If you do answer questions, keep them very short and to the point, and most important, Never confess - it does not help you.
Insist On Seeing A Attorney You have a legal right to speak with a Attorney. Never speak to the police without at least consulting one. If you speak to the police without a Attorney, you have given up one of your most important rights. Never agree to go to the police station to answer questions or submit to interrogation. Never confess - it does not help you. Call Maryland DUI Lawyer Jack Hyatt 410-486-1800 24/7.
First and foremost remember that police are people too, and also remember that law enforcement is a difficult and dangerous job. With that in mind, you should always deal with the police in a calm, polite, and professional manner. But being polite does not mean that you should ever, under any circumstances, give up your rights.
Never Admit To Anything
Always Protest A Search
Before the law enforcement officer questions you for DUI, once you are in custody, he or she must tell you that:
You have the right to remain silent. Anything you say may be used against you. You have the right to have a Attorney present while you are questioned. If you cannot afford a Attorney, one will be appointed for you. These are your "Miranda" rights, guaranteed by the U.S. Constitution. If you are not given these warnings, your Attorney can ask that any statements you made to the police not be used against you in court. But this does not necessarily mean that your case will be dismissed. This does not apply if you volunteer information without being questioned by the police.
Probable cause is defined as the facts or circumstances that are known to a reasonable person at the time, that could indicate that a crime may have occurred, and that a specific individual might have committed the crime. This is the standard that law enforcement must meet in order to make an arrest, obtain a search warrant, or in any other way deprive a person of their freedom and/or privacy.
The standard for a traffic stop is lower, and is known as reasonable suspicion/reasonable cause. In order to make a lawful traffic stop, an officer must be able to articulate why they suspect a criminal act may have occurred (i.e. erratic driving, high speed, matching vehicle or driver description to another crime, or some other indication that a law is being violated). In other words, an officer needs a reason to make a traffic stop and cannot stop someone simply on a whim.
In reality there is no probable cause needed for a traffic stop. Although town and state laws limit what probable cause is on the street, local roads, and in buildings, the highway system is policed at a trooper or officer's discretion. They commonly stop for vehicles traveling at higher speeds, with any decoration on antennas or windows, with dark-skinned operators, or vehicles traveling erratically. They may stop people who pass other vehicles at reasonable speeds, people who do not wear seatbelts, people with out of state plates, or people who look different. Some even camp out at the bottom of hills, near schools, or target individuals.
How To Deal With Police
When dealing with the police, keep your hands in view and don't make sudden movements. Avoid passing behind them. Nervous cops are dangerous cops. Also, never touch the police or their equipment (vehicles, flashlights, animals, etc.) - you can get beat up and charged with assault. Call Maryland DUI Lawyer Jack Hyatt 410-486-1800 24/7.
The police do not decide your charges; they can only make recommendations. The prosecutor is the only person who can actually charge you. Remember this the next time the cops start rattling off all the charges they're supposedly "going to give you."
Questioning
Interrogation isn't always bright lights and rubber hoses - usually it's just a conversation. Whenever the cops ask you anything besides your name and address, it's legally safest to (respectfully) say these Magic Words:
"I am going to remain silent. I want to see a lawyer."
This activates certain rights which protect you from interrogation. When you say this, the cops (and all other law enforcement officials) are legally required to stop asking you questions. They probably won't stop, so just repeat the Magic Words or remain silent until they catch on.
Remember, anything you say to the authorities can and will be used against you and your friends in court. There's no way to predict what information the police might try to use or how they'd use it. Plus, the police often misquote or lie altogether about what was said. So say only the Magic Words and let all the cops and witnesses know that this is your policy. Make sure that when you're arrested with other people, the rest of the group knows the Magic Words and promises to use them.
One of the jobs of cops is to get information out of people, and they usually don't have any scruples about how they do it. Cops are legally allowed to lie when they're investigating, and they are trained to be manipulative. The only thing you should say to cops, other than identifying yourself, is the Magic Words: "I am going to remain silent. I want to see a lawyer."
Here are some lies they may tell you:
"You're not a suspect - just help us understand what happened here and then you can go."
"If you don't answer my questions, I'll have no choice but to arrest you. Do you want to go to jail?"
"If you don't answer my questions, I'm going to charge you with resisting arrest."
"All of your friends have cooperated and we let them go home. You're the only one left."
Cops are sneaky buggers and there are lots of ways they can trick you into talking. Here are some scams they'll pull:
Good Cop/ Bad Cop: Bad cop is aggressive and menacing, while good cop is nice, friendly, and familiar (usually good cop is the same race and gender as you). The idea is bad cop scares you so bad you are desperately looking for a friend. Good cop is that friend. Call Maryland DUI Lawyer Jack Hyatt 410-486-1800 24/7.
The cops will tell you that your friends ratted on you so that you will snitch on them. Meanwhile, they tell your friends the same thing. If anyone breaks and talks, you all go down.
The cops will tell you that they have all the evidence they need to convict you and that if you "take responsibility" and confess the judge will be impressed by your honesty and go easy on you. What they really mean is: "we don't have enough evidence yet, please confess."
Jail is a very isolating and intimidating place. It is really easy to believe what the cops tell you. Insist upon speaking with a lawyer before you answer any questions or sign anything.
The reden Rule: Be Careful when to trust a cop when your being investigated.
The Miranda Warnings
The police do not have to read you your rights (also known as the Miranda warnings). Miranda applies when there is (a) an interrogation (b) by a police officer of other agent of law enforcement (c) while the suspect is in police custody (you do not have to be formally arrested to be "in custody"). Even when all these conditions are met, the police intentionally violate Miranda. And though your rights have been violated, what you say can be used against you. For this reason, it is better not to wait for the cops â¤" you know what your rights are, so you can invoke them by saying the Magic Words, "I am going to remain silent. I want to see a lawyer." Call Maryland DUI Lawyer Jack Hyatt 410-486-1800 24/7.
If you've been arrested and realize that you have started answering questions, don't panic. Just re-invoke your rights by saying the Magic Words again. Don't let them trick you into thinking that because you answered some of their questions, you have to answer all of them.
Police Encounters
There are three basic types of encounters with the police: Conversation, Detention, and Arrest.
Conversation
When the cops are trying to get information, but don't have enough evidence to detain or arrest you, they'll try to weasel some information out of you. They may call this a "casual encounter" or a "friendly conversation". If you talk to them, you may give them the information they need to arrest you or your friends. In most situations, it's better and safer not to talk to cops.
Detention
Police can detain you only if they have reasonable suspicion that you are involved in a crime. Detention means that, though you aren't arrested, you can't leave. Detention is supposed to last a short time and they aren't supposed to move you. During detention, the police can pat you down and go into your bag to make sure you don't have any weapons. They aren't supposed to go into your pockets unless they feel a weapon. Call Maryland DUI Lawyer Jack Hyatt 410-486-1800 24/7.
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If the police are asking questions, ask if you are being detained. If not, leave and say nothing else to them. If you are being detained, you may want to ask why. Then you should say the Magic Words: "I am going to remain silent. I want a lawyer" and nothing else.
A detention can easily turn into arrest. If the police are detaining you and they get information that you are involved in a crime, they will arrest you, even if it has nothing to do with your detention. For example, if someone gets pulled over for speeding (detained) and the cop sees drugs in the car, the cops will arrest her for possession of the drugs even though it has nothing to do with her getting pulled over. Cops have two reasons to detain you: 1) they are writing you a citation (a traffic ticket, for example), or 2) they want to arrest you but they don't have enough information yet to do so.
Arrest
Police can arrest you only if they have probable cause (see below) that you are involved in a crime. When you are arrested, the cops can search you to the skin and go through you car and any belongings. By law, an officer strip searching you must be the same gender as you.
If the police come to your door with an arrest warrant, go outside and lock the door behind you. Cops are allowed to search any room you go into, so don't go back into the house for any reason. If they have an arrest warrant, hiding won't help because they are allowed to force their way in if they know you are there. It's usually better to just go with them without giving them an opportunity to search.
Reasonable Suspicion vs. Probable Cause
Reasonable suspicion must be based on more than a hunch - cops must be able to put their suspicion into words. For example, cops can't just stop someone and say, "She looked like she was up to something." They need to be more specific, like, "She was standing under the overpass staring up at some graffiti that hadn't been there 2 hours ago. She had the same graffiti pattern written on her backpack. I suspected that she had put up the graffiti." Call Maryland DUI Lawyer Jack Hyatt 410-486-1800 24/7.
Cops need more proof to say they have a probable cause than to say they have a reasonable suspicion. For example, "A store owner called to report someone matching her description tagging a wall across the street. As I drove up to the store, I saw her running away spattered with paint and carrying a spray can in her hand."
Searches
Never consent to a search! If the police try to search your house, car, backpack, pockets, etc. say the Magic Words 2: "I do not consent to this search." This may not stop them from forcing their way in and searching anyway, but if they search you illegally, they probably won't be able to use the evidence against you in court. You have nothing to lose from refusing to consent to a search and lots to gain. Do not physically resist cops when they are trying to search because you could get hurt and charged with resisting arrest or assault. Just keep repeating the Magic Words 2 so that the cops and all witnesses know that this is your policy.
Be careful about casual consent. That is, if you are stopped by the cops and you get out of the car but don't close the door, they can search the car and claim that they though you were indicating consent by leaving the door ajar. Also, if you say, "I'd rather you didn't search," they can claim that you were reluctantly giving them permission to search. Always just say the Magic Words 2: "I do not consent to this search."
If the cops have a search warrant, nothing changes - it's legally safest to just say the Magic Words 2. Again, you have nothing to lose from refusing to consent to a search, and lots to gain if the search warrant is incorrect or invalid in some way. If they do have a search warrant, ask to read it. A valid warrant must have a recent date (usually not more than a couple of weeks), the correct address, and a judge's or magistrate's signature; some warrants indicate the time of day the cops can search. You should say the Magic Words 2 whether or not the search warrant appears correct. The same goes for any government official who tries to search you, your belongings, or your house. Call Maryland DUI Lawyer Jack Hyatt 410-486-1800 24/7.
Infiltrators and Informants
Undercover cops sometimes infiltrate political organizations. They can lie about being cops even if asked directly. Undercover cops can even break the law (narcs get hazard pay for doing drugs as part of their cover) and encourage others to do so as well. This is not legally entrapment.
FBI and other government agents
The essence of the Magic Words "I'm keeping my mouth shut until I talk to a lawyer" not only applies to police but also to the FBI, INS, CIA, even IRS. If you want to be nice and polite, tell them that you don't wish to speak with them until you've spoken with your lawyer, or that you won't answer questions without a lawyer present.
Taking Notes
Whenever you interact with or observe the police, always write down what is said and who said it. Write down the cops' names and badge numbers and the names and contact information of any witnesses. Record everything that happens. If you are expecting a lot of police contact, get in the habit of carrying a small tape recorder and a camera with you. Be careful - cops don't like people taking notes, especially if the cops are planning on doing something illegal. Observing them and documenting their actions may have very different results; for example, it may cause them to respond aggressively, or it may prevent them from abusing you or your friends. Call Maryland DUI Lawyer Jack Hyatt 410-486-1800 24/7.
Conclusion
People deal with police in all kinds of circumstances. You must make an individual decision about how you will interact with law enforcement. It is important to know your legal rights, but it is also important for you to decide when and how to use them in order to best protect yourself
Legal Terms to be Familiar With
Public Defender - Attorney for indigent defendants.
Punitive Damages - Damages awarded over and above compensatory damages in order to punish the defendant for malicious, wanton, willful, reckless, oppressive, or fraudulent conduct. Punitive damages are imposed to compensate the Plaintiff for mental anguish, shame, degradation, or other aggravations beyond actual damages.
Proximate Cause - The act that caused an event to occur. A person generally is liable only if an injury was proximately caused by his or her action or by his or her failure to act when he or she had a duty to act.
Quash - To void or vacate a summons, subpoena, etc.
Real Property - Land, buildings, and other improvements affixed to the land.
Reasonable Belief - Probable cause. The facts and circumstances within an arresting officer's knowledge, and of which he or she had reasonably trustworthy information, sufficient in themselves to justify a person of average caution in believing that a crime has been or is being committed. Facts sufficient to justify a warrantless arrest.
Reasonable Doubt - Such a doubt as would cause a careful person to hesitate before acting in matters of importance to himself or herself.
law of the case - a ruling made at trial and not challenged on appeal
Reasonable Suspicion - Level of suspicion required to justify law enforcement investigation, but not arrest or search. A lower level of suspicion or evidence than probable cause. An officer has reasonable suspicion when the officer is aware of specific, articulable facts, together with rational inferences from those facts, which, when judged objectively, would lead a reasonable person to believe that some criminal activity occurred or was occurring.
Rebut - To introduce evidence disproving other evidence previously given or reestablishing the credibility of challenged evidence, jack i. Hyatt, .
Reasonable Person - a hypothetical person who exercises the qualities of attention, knowledge, intelligence, and judgment that society requires of its members for the protection of their own interest and the interests of others. This term is commonly used in torts, where the test of negligence is based on either a failure to do something that a reasonable person, guided by considerations that ordinarily regulate conduct, would do, or on the doing of something that a reasonable and prudent wise person would not do.
Rendition - Transfer of a fugitive from the asylum state to the demanding state.
Request for Production - formal court process by which one party requests that another produce certain documents or other tangible items.
Rescission - Cancellation of a contract.
Respondent - The person against whom an appeal is taken.
Rest - party is said to rest when it has presented all the evidence it intends to offer.
Res Judicata - thing or matter already decided by a court. A final judgment on the merits is conclusive as to certain rights of the parties and is an absolute bar to a later action involving the same claim, demand, or cause of action. Res judicata bars relitigation of the same cause of action between the same parties where there is a prior judgment. By comparison, collateral estoppel bars relitigation of a particular issue or determinative fact.
Restitution - Either community service or financial reimbursement to the victim imposed by the court for a crime committed jack hyatt, jack i. hyatt, .
Retainer - Act of the client in employing counsel or the attorney, also denotes the fee which the client pays when he or she retains the attorney.
Return of service - certificate of affidavit by the person who has served process upon a party to an action, reflecting the date and place of service.
Reversal - action of a higher court in revoking or setting aside a lower court decision.
Revocable Trust - trust that the grantor may change or revoke, maryland drunk driving lawyer, maryland drunk driving attorney.
Rebuttal - Evidence that is offered by a party after he has rested his case and after the opponent has rested in order to contradict and explain the opponent's evidence.
Rebuttal Witnesses - Witnesses introduced to explain, repel, counteract, or disprove facts given in evidence by the adverse party.
Record - All the documents and evidence plus transcripts of oral proceedings in a case, jack hyatt, .
Recusal - The voluntary action by a judge to remove himself or herself from presiding in a given case because of self-interest, bias, conflict, or prejudice. Also, the process by which a judge is disqualified from a case because a party objects.
Recall Order - Court order recalling a warrant.
Redirect Examination - Opportunity to present rebuttal evidence after one's evidence has been subjected to cross-examination.
Redress - To set right , to remedy , to compensate , to remove the causes of a grievance.
Removal - The transfer of a state case to federal court for trial, maryland drunk driving lawyer, maryland drunk driving attorney.
Replevin - legal action for the recovery of a possession that has been wrongfully taken.
Interrogatories - Written questions asked by one individual in a lawsuit for which the opposing individual must provide written answers.
Intervention - action by which a third person that may be affected by a lawsuit is permitted to become a individual to the suit.
Inter Vivos Gift - gift made during the giver’s life.
Oral Argument - opportunity for lawyers to summarize their positions before the court and also to answer the judges’ questions.
Order - written or oral command from a court directing or forbidding an action.
Ordinance – law adopted by the governing body of a municipality or county.
Reply - response by a party to charges raised in a pleading by the other party, jack hyatt, maryland drunk driving lawyer, maryland drunk driving attorney.
Revocation of Driver's License - Judicial termination of an individual driver's license and privilege to drive after conviction of DWI. The license shall not be renewed or restored for the duration of the revocation, except that an application for a new license may be presented and acted upon by the division after the expiration of at least one year after date of revocation. This kind of revocation is distinguished from an administrative revocation, in which the Motor Vehicle Division may terminate a driver's license for up to one year.
Revoke - To cancel or nullify a legal document.
Probative Value - Evidence has probative value if it tends to prove an issue. Probative value is evidence that furnishes, establishes, or contributes toward proof, maryland drunk driving lawyer, maryland drunk driving attorney.
Pro Bono Publico - For the public good. Lawyers representing clients without a fee are said to be working pro bono publico.
Property Bond - signature bond secured by mortgage or real property, jack hyatt, jack i. hyatt,
Instructions - Judge’s explanation to the jury before it begins deliberations of the questions it must answer and the applicable law governing the case. Also called charge to the jury.
Intangible assets - Nonphysical items that have value, such as stock certificates, bonds, bank accounts, pension benefits and goodwill. Intangible assets must be taken into account in estate planning and divorce.
Interlocutory - Provisional; not final. An interlocutory order or an interlocutory appeal concerns only a part of the issues raised in a lawsuit.
Interpleader – An action in which a third person asks ae Court to determine the rights of others to property held—but not owned—by the third person.
Judgment Notwithstanding the Verdict – Judgment entered by order of the court for one individual notwithstanding the jury’s verdict in favor of the other individual. A judgment notwithstanding the verdict may only arise after a motion for a directed verdict.
Motion to Seal - Motion to close records to public scrutiny.
Motion to Suppress - Motion to prevent admission of evidence in a case.
Nolo Contendere - Plea in which the defendant does not admit guilt, but which has the same legal effect as the plea of guilty in a criminal case.
Lapsed Gift - gift made in a will to a person who has died prior to the testator’s death.
Larceny –Theft.
Law - Rules that govern individual and group conduct in a society.
Law Clerks - Persons who assist judges in legal research.
Judgment on the Pleadings – Judgment based on the pleadings alone. It is used when there is no dispute as to the facts of the case and one individual is entitled to a judgment as a matter of law.
Summary Judgment - Judgment given on the basis of pleadings, affidavits, and exhibits presented for the record without any type need for a trial. As with Judgment on the Pleadings, it is used when there is no dispute as to the facts of the case and one individual is entitled to a judgment as a matter of law.
Objection - process by which one individual tries to prevent an introduction of evidence or the use of a certain procedure at a hearing. An objection is either sustained allowed or overruled by the judge.
Offense - violation of a municipal ordinance or state statute.
Offer – expression of willingness to enter into a bargain that is definite and certain in its terms and that is communicated to the offeree. Once accepted, the offer is transformed into a contractual obligation.
Offeree – person to whom an offer is made.
Offeror – person making an offer.
Overrule - judge’s decision not to allow an objection. Also, a decision by a higher court finding that a lower court decision was in error
Parens Patriae - The doctrine under which the court protects the interests of a juvenile.
Parol Evidence – Oral evidence.
Parol Evidence Rule – When a written agreement is intended to be a complete and final document, then the terms of the agreement cannot be altered by evidence of oral dealings agreements that purport to change, explain, or contradict the written agreement.
Parole - The supervised conditional release of a prisoner before the expiration of his her sentence. If the parolee observes the conditions, he she need not serve the rest of his her term.
Individual - person, business, organization or government agency involved in the prosecution or defense of a legal proceeding.
Inter Vivos Trust - Another name for living trust.
Opening Statement - first statement made by lawyers for each side, outlining the facts each intends to establish during the trial.
Opinion - judge’s written explanation of the decision of the court or of the majority of judges. A dissenting opinion opposes a majority opinion because of the reasoning and or the principles of law on which the decision is based. A concurring opinion agrees with the decision of the court but offers different reasoning. A per curiam opinion is an unsigned opinion of the court.
Judgment and Sentence - official document of a judge’s disposition of a case committing a defendant to prison.
Intestate - Dying without having a will.
doctrine that makes each of the parties who are responsible for an injury liable for all the damages awarded in a lawsuit if the other responsible parties cannot pay.
Joint Tenancy - form of legal co-ownership of property also known as survivorship . At the death of one person, the surviving co-owner becomes sole owner of the property. Tenancy by the entirety is a special form of joint tenancy between a husband and wife jack hyatt.
Judge - elected or appointed public official with authority to hear and decide cases in a court of law. A judge Pro Tem is a temporary judge.
Judgment - first disposition of a lawsuit.
Consent Judgment - Occurs when the terms and provisions of a judgment are agreed on by the parties and submitted to the court for its sanction and approval.
Default Judgment - judgment rendered because of the defendant’s failure to answer or appear.
Judicial Review - authority of a court to correct the official actions of other branches of government.
Jurat - Certificate of officer or person who administered an oath.
Jurisdiction - court’s legal power to hear and resolve specific disputes. Jurisdiction is usually gene rely composed of personal jurisdiction over persons and subject matter jurisdiction over types of cases.
Jurisprudence - study of the structure of the legal system.
And the law.
Juror Disqualified - Juror who is excused from a trial.
Jury - Persons selected according to law and sworn to inquire into and declare a verdict on matters of fact.
Jury Array - whole body of potential jurors summoned to court from which the jury will be selected. Also called Jury Panel.
Non-jury trial - case tried by a judge.
No Probable Cause – finding that insufficient grounds exist to hold the person who was arrested.
Notice - Formal notification to a party that has been sued that a civil lawsuit has been filed.
Juvenile - Person under 18 years of age.
Kangaroo Court - Trial in which a person’s rights are completely disregarded and in which the result is a foregone conclusion.
Knowingly and Willfully – Voluntarily.
Nuncupative Will - unwritten oral will.
Oaths - Sworn promises required in court, usually administered by the in court clerk.
Jury List - List of jurors empanelled to try a cause or containing the names of all the jurors summoned to attend court.
Jury Polling - The procedure by which each individual juror is asked to affirm his or her verdict in open court at the conclusion of a trial.
Jury Trial - trial in which the jury judges the facts and the judge rules on the law.
Justiciable - Issues and claims that can be properly examined in court.
Nolle Prosequi –Decision by a prosecutor to not to prosecute.
Motion -- Request to a court made before, during, or after a trial
Motion in Limine - Motion not to allow certain evidence that might prejudice the jury.
Negligence - Failure to exercise the degree of care that a reasonable person would exercise under the same set of circumstances.
Next Friend –Person acting without formal appointment as guardian for the benefit of a person of unsound mind not judicially declared incompetent, an infant, or other person under some disability.
No-Contest Clause – Provision in a will that a person who makes a legal challenge to the will’s validity will be disinherited.
No-Fault Proceedings - Civil cases in that parties can resolve their dispute without the formal finding of fault.
Notice of Lis Pendens - Notice to warn all persons that the title to certain property is in litigation, and that if they purchase or lease that property they are in danger of being bound by an adverse judgment.
Nuisance –Unwarranted, unreasonable, or unlawful use of one’s property that annoys, disturbs, or inconveniences another in the use of his or her property.
Nunc Pro Tunc – retroactive order.
Motion to Expunge – motion to delete entries from court records
Intestate Succession - process by which the property of a person who has died without a will passes on to others according to the state’s descent and distribution statutes. If someone dies without a will and the court uses the state’s intestate succession laws, an heir who receives some of the deceased’s property is an intestate heir.
Invoke the Rule - Separate and exclude witnesses other than parties from the courtroom.
Irrevocable Trust - trust that, once it is set up the grantor may not revoke the trust.
Issue - . disputed point in a disagreement between parties in a lawsuit. . To send out officially, as in to issue an order.
Joinder – Combining charges or defendants on the same complaint. Where the crime is committed by two people, both may be charged on one complaint. Joinder also applies in civil cases, where parties and claims may be joined in one complaint.
detinue - at common law, an action to recover personal property
Motion to Mitigate Sentence - Motion to reduce a sentence.
Leading Question - Question that by its own wording suggests the answer desired.
Legal Aid - Professional legal services available to indigent persons.
Leniency - Recommendation for a reduced sentence.
Hearsay: Hearsay consists of out-of-court statements offered for the truth of their contents. For instance, a statement by a third party that the defendant admitted to a crime is hearsay, and is not admissible at trial.
Exceptions to the hearsay rule -- certain statements, while technically hearsay, are admissible in court because they were made under circumstances that experience shows guarantee their reliability. Among these exceptions are statements against interest, such as "I did it," blurts, dying declarations, and legally operative language, like "you can have it."
Pro Se - On one's own behalf, commonly used to refer to a party representing himself or herself in a court action, instead of being represented by an attorney.
Promissory Estoppel - Equitable doctrine allowing the court to enforce a promise even though a valid contract was not formed when a person reasonably acted in reliance on that promise. Promissory Estoppel allows the court to compensate the person for their expenditures and or to avoid the unjust enrichment of the other party. Promissory estoppel often applies to charitable donations.
Reversible Error - error during a trial or hearing sufficiently harmful to justify reversing the judgment of a lower court.
Robbery - Felonious taking of another's property, from his or her person or immediate presence and against his or her will, through force or fear.
Rules of Evidence - Standards governing whether evidence in civil or criminal case is admissible.
Satisfaction of Judgment - Payment of all monies determined to be owed pursuant to a court judgment.
Seal - Clerk of Court's symbol of authenticity.
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