It is very difficult for the average person to have a thorough understanding of their rights in every situation.  Training programs for law enforcement spend months teaching police officers about the law, and even they need to look up certain laws and regulations.  If you do not know your rights as a situation is developing, it means you cannot protect yourself.  This section will include tips about how to protect yourself and fully exercise your rights. 

Please keep in mind that laws vary by state and are subject to change. This information is as current and accurate as possible but these legal tips cannot replace the advice of a licensed, qualified and experienced attorney.  

In some cases, I can appear for you!  

You may not have to ever make a court appearance.  This allows you to avoid the embarrassment of appearing personally before the judge.  It also reduces the unproductive amount of time that can be wasted while sitting around waiting for the court to call your case.  

I will listen to you and help you work through this difficult time. 

I will help you get past this difficult time in your life and work to avoid having your life and future employment adversely affected.  I want to help you avoid sitting in jail for a minor offense.  If you are facing serious charges, don’t end up spending a lengthy time in prison because you did not consult with an attorney to determine your rights and the possibility of a positive outcome.

If you are under investigation, it is very important to speak with an attorney before speaking to the police or investigators.  Police can use deceptive tactics, including lying, to get you to give a statement that can be used to send you to jail. 

Everything you say to the police WILL be used against you.  You should never speak to the police or their investigators without your attorney.  Always speak to an attorney first so that you can protect your rights and preserve your freedom.
 

I know that facing pending criminal charges can be a difficult and trying experience.  I am experienced in handling all types of criminal cases including very serious felonies.  I have years of experience handling hundreds of criminal matters.
 

Every case is important and no case is too difficult to handle.  At the Law Offices of Mark H. Galyean, your case will always be treated as
MY MOST IMPORTANT CASE, and you will be treated as
MY MOST IMPORTANT CLIENT.


CALL FOR A FREE PHONE CONSULTATION
888 – DRUG - CRIMES
(949) 916-9344

Do I have to let an officer search my car if he pulls me over?

When you are pulled over, an officer may ask if he may search your car.  He may ask, "Can I look in the trunk."  Many people are intimidated by the police and think they must tell the officer, "yes." 

However, it is perfectly acceptable to "just say no."  While you have a right to refuse unreasonable searches, you waive that right if you tell the officer that he may search your vehicle.  While the officer needs to have a reasonable justification for searching your car, if you give permission to search your car, the police can and will use anything they find against you in court, even if there was no sound basis for the search. 

Anything you tell a police officer can be used as evidence against you in court.  If you are facing charges or arrest, you should always wait until you have consulted with an attorney and/or have your attorney present while speaking with the police.  You have an absolute right to remain silent and speaking with the police without having an attorney present will never improve your situation, and will frequently lead to the collection of evidence that may be used against you later. 

Although a warrant is not required in all cases, you should always request to see a warrant if the officers ask to search your home.  If the officers say something like, "Can we just come in and have a look around," you have the right to say, "no."  Even if the search would not have been valid prior to your giving permission or a warrant had not been obtained when it should have, the police will still usually be able to use what they find against you, if you have given permission to search your home.

You should hire an attorney who specializes in handling criminal cases.  He or she will have the knowledge and expertise that allows them to defend your case and have credibility with the prosecutor and judge.  An attorney who practices many areas of law is less likely to have extensive experience with criminal cases, including knowledge of the rules of evidence and best defenses.  You should also avoid any attorney that promises a specific result.  It is impossible for anyone to make a guarantee, so good attorneys avoid making guarantees about the outcome of your case.  You also should not hire an attorney if he does not clearly address your rights and options in a way that is understandable and helpful to you. 

You have an absolute right against self-incrimination, so you have the right to refuse to answer questions.  Your refusal to answer cannot be used against you in court.  Unless you are being placed under arrest, you are free to leave a place of interrogation by the police.  If you choose not to leave, you should never answer any questions without retaining a qualified criminal attorney. 

There are many examples of innocent people being convicted and then later it is determined that they have not committed the crimes for which they went to prison.  There are even cases where a person has been executed or spent years on death row, and it is discovered later that they were innocent.  Making sure you consult with a qualified criminal attorney, immediately, can assure that you know your rights and lead you to take the right steps to avoid a wrongful conviction.