Criminal Law - ND Criminal Defense Lawyer

You do not have to answer any questions.
- Feel free to say, “I don’t want to talk to you” and walk calmly away.
If you aren’t comfortable just walking away, ask if you are free to go.
- If the answer is yes, walk away. Don’t run!
If the officer says you are not free to leave, then you are being detained.
- Being detained is not the same as being arrested, but you could be arrested later.
You do not need to answer any questions if you are detained or arrested.
- You do need to give your name.
- What they say on TV is true: “Anything you say can and will be used against you.”
The police can pat down the outside of your clothing, but only if they have reasonable suspicion to believe that you may be armed and dangerous.
- If they do more than pat you down, say clearly “I do not consent to a search”.

Keep your hands where police can see them, at all times
You must show you drivers license, registration and proof of insurance if requested. Have that ready before the officer gets to your car door.
If it is night, turn on the interior light.
The police cannot search your car unless you give them consent unless they have “probable cause”.

You have a constitutional right to remain silent. Give your name, but do not answer any other questions, no matter what the police tell you.
You have a constitutional right to an attorney. Ask for one right away.
- The police are not allowed to question you without an attorney present after you ask for one.
The police can and will listen to phone calls or visits with anyone other than your attorney.