Criminal Law

As a result of Miranda v. Arizona, a 1966 US Supreme Court case, when an individual is taken into custody, they must be told of their Fifth Amendment right not to make self-incriminating statements. There are four statements required by police to be made prior to questioning:

1. You have the right to remain silent.
2. Anything you say can and will be used against you in a court of law.
3. You have the right to an attorney.
4. If you cannot afford an attorney, one will be appointed for you.

Any statement or confession made is presumed to be involuntary, and cannot be used against you. If evidence is discovered as a result of those statements, it will generally be inadmissible.

Generally, the best idea is to remain silent until you have had the chance to speak with an attorney.

It is a crime to operate a vehicle while impaired by the effects of drugs or alcohol. You are considered to be impaired if:

1. Your ability to safely operate your vehicle is hindered by the effects of alcohol, illegal drugs, prescribed medications (i.e. painkillers) or in some instances over the court medications;
2. Your blood alcohol concentration (BAC) is found to be above the DUI limit which is .08 in Ohio.

Ohio has an "implied consent" law that requires you to submit to some form of chemical test, whether breath, blood or urine. If you refuse to submit to the test, it is a mandatory suspension of your driver's license.

The Fourth Amendment protects your personal privacy, and your right to be free from unreasonable government intrusion of your person, your home, business and property. It protects you from police searches of places and items in which you have a legitimate expectation of privacy, for example, your person, clothing, purse, vehicle, house and place of business, etc.

1. You are pulled over for a traffic violation, and the officer searches your trunk;
2. You are arrested;
3. Police enter your house to arrest you;
4. Police confiscate your vehicle or personal property and place it under their control;
5. You are stopped for questioning while walking down the street;