One of the most difficult things to impress upon people and generally speaking for people that are coming through the criminal justice system for their first or second time is that they don’t appreciate the significance of their constitutional rights.
Don’t Unwillingly Provide Evidence: The Burden of Proof in a Case against You Is on the Government
They don’t appreciate the fact that the government has to prove the case beyond a reasonable doubt. They don’t appreciate the fact that they have the right to remain silent and not provide evidence against themselves.
They don’t appreciate the fact that the police cannot just all of a sudden decide to go into their house and search it without a search warrant or use some rationale that brings forward one of the exceptions to the search warrant rules.
You Are Not Legally Compelled to Undergo a Chemical Test
In the DWI scenario, you don’t have to take a field sobriety test; you have the right to refuse. In the DWI scenario, you don’t have to take a breath test. In the DWI scenario, you don’t have to answer the questions with respect to how many beers you’ve had, how much you’ve had to eat, where you are going and where you have been.
Any Admissions You Make Can and Will Be Used Against You
A lot of people don’t realize that all the statements they make are being noted, not necessarily recorded but noted. Any of the incriminating statements can be used against them. It is truly amazing how many people make those mistakes.