Thursday, September 22, 2011

Denver criminal defense lawyer / regulatory crimes

On common misconception I run into a lot as a Denver criminal defense lawyer is that once you are stopped by a police officer, you're totally at their mercy. Sure it is true that you can't control the encounter. The cop is going to do whatever he wants at that time. But you can do a lot to influence your case. As I've said earlier, the exclusionary rule is a crucial weapon for Denver criminal defense lawyers. But if you consent to a search, the exclusionary rule is totally useless. That's why you have to clearly renounce consent when dealing with police officers.

The specific thing I'm talking about here is the difference between crimes and regulatory offenses. Nobody really cares about the difference, it is basically a technicality. But it is very important in terms of searches and consent. Basically a regulatory offense is a ticket. Anything like a busted tail-light, broken windshield or the like is not a crime. The cop can write you a ticket then and there. It's probably not necessary to call a Denver criminal defense lawyer. At the same time, a regulatory offense is not the same as a crime like a DUI.

If you are pulled over for something like a busted tail light, make sure you know your situation. The tail light is not a reason to arrest you. It is a reason to write you a ticket. That means if you get the feeling the cop is trying to stall and get consent to search, be clear with him. Ask if he's going to write you a ticket for the regulatory issue. Once he does that, ask if you are free to go. At that point, he can arrest you, or search your car, but without probable cause for the search and arrest, the evidence cannot be used against you in court.

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