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When stopped by the police, many Americans panic and attempt to placate the officer by being as cooperative as possible. Unfortunately, adopting this tactic often drives people inadvertently to surrender important constitutional rights, and will usually fail to avert an arrest. PoindexterHill, P.C., experienced criminal defense attorneys serving Waynesboro, VA, urge everyone to stand up for their rights when interacting with the police.

During a police stop, every citizen has the right to:

  • Remain Silent: Under no circumstances are you required to talk to police or answer their questions. In most cases, the refusal to respond to questions cannot be used as grounds for an arrest, either. Police officers typically use innocuous-sounding questions to gather enough probable cause to warrant a search or arrest, so refusing to answer is in your best interest.
  • criminal defense Refuse to Consent to a Search: The Fourth Amendment protects every citizen from unreasonable search and seizure. What this means is the police cannot search your property or your person without probable cause. If they ask for permission to search, you are within your Constitutional rights to politely refuse without providing a reason.
  • End The Encounter: Unless you are being detained, you have the right to leave at any time. Ask whether you are free to go, and do so immediately if the officer answers in the affirmative. If, however, they say that you are not or refuse to answer, you are likely being detained for arrest. If they do place you under arrest, ask for a criminal defense attorney immediately and explicitly state your intention to remain silent.

As one of the Shenandoah Valley's oldest and most respected law firms, PoindexterHill, P.C. has the experience and resources to provide every defendant with the aggressive representation they deserve. Visit their website for more information about their array of legal services, or schedule a consultation with a skilled criminal defense attorney by calling (540) 943-1118 today.

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