John Mulvey, Attorney at law
(513) 721-0001
Serving Greater Cincinnati,
Southwestern Ohio and Northern Kentucky 

Legal Help When You Need It.


Protecting your rights ... before you are arrested.


Remain Silent:  If you have been arrested or suspect that you are the subject of a criminal investigation - DO NOT TALK ABOUT YOUR CASE WITH THE POLICE OR ANYONE OTHER THAN A CRIMINAL DEFENSE ATTORNEY.  

ALWAYS call your lawyer before talking with the police. 

ALWAYS tell the police that you want your attorney before you will say anything further to them. 

You may discuss anything concerning your case with your attorney because these matters are recognized to be confidential. Remember, though, this confidential privilege extends only to discussions between you and your attorney. Anything you tell your family, friends, and others such as cellmates, is NOT confidential and the court can force those people to testify about what you have said.

WHY AN INNOCENT PERSON SHOULD REMAIN SILENT? - Why would an innocent person invoke their right to remain silent?  There are many reasons.  Many false confessions result from an innocent citizen being subjected to well planned psychological techniques designed to elicit a response.  The way to level the playing field immediately, is to ask for an attorney.  The police have many tools that the suspect does not.  The police are allowed to lie during questioning.  Lying, deception and trickery are recognized as legitimate police techniques.  But, if even the innocent citizen being deliberately lied to makes a mistake and gives back inaccurate information or leaves a detail out of their statement they can be charged with a crime called Obstructing Justice

The following is a well done and detailed explanation of why everyone needs to understand why and how to assert their right not to talk to law enforcement. 

 

 

 One way to assert your right to remain silent is to say “Officer, I have been told by my lawyer, that they must be present in a situation like this before I answer any questions or before you can search me. I want my lawyer.”  THEN BE QUIET.

A polite but effective response after being pulled over and asked “Do you know why I pulled you over?” may include, "Would you please explain it to me officer?”  This avoids making any admission but still gives the officer a response.

Anything you say can be held against you.  Talking to a police officer, is almost always a no win situation.

If the officer persists in asking questions or does not terminate the encounter, respectfully ask, "Officer, am I being detained, or am I free to go?" and then continue to be quiet.

Do Not Consent to Searches and Seizures:  If a police officer asks your permission to search you, your house or car, you are under no obligation to consent. The officer may be asking you because they may not have enough evidence to search without your consent.

If you consent to a search, you give up one of the most important constitutional rights you have—your protection against unreasonable searches and seizures.

A majority of avoidable police searches occur because citizens waive their rights by consenting to warrantless searches. As a general rule, if a person consents to a warrantless search, the search automatically becomes reasonable and therefore legal. As a result, whatever an officer finds during such a search can be used to convict the person.

The average motorist stopped by a police officer who asks them, "Would you mind if I search your vehicle, please?" will probably consent to the officer's search without realizing that they have every right to deny the officer's request.

If, for any reason you don't want the officer digging through your belongings, or if other people have driven or been in your car, you should refuse to consent.  Saying something like, "Officer, I know you want to do your job, but my attorney has told me never to consent to any searches of my private property" is a respectful but sufficient way to help protect your rights.

The following video covers these 10 important rules in a police encounter:

1. Always be calm and cool.

2. You have the right to remain silent.

3. You have the right to refuse searches.

4. Don't get tricked into waiving your rights.

5. Determine if you're free to go.

6. Don't do anything illegal.

7. Don't run.

8. Never touch an officer.

9. Report misconduct: Be a good witness.

10. You don't have to let them in.

If a free society depends upon an informed citizenry exercising oversight of its government, then more people need to know how to handle themselves in a police encounter.

 

DUI / DRIVING MATTERS / DRIVING UNDER SUSPENSION

The laws concerning "drunk driving" DUI or OVI, driving without insurance and driving under suspension have changed radically over recent years. The person arrested today in Ohio and Kentucky for driving under the influence of alcohol faces mandatory minimum fines; incarceration or in-patient treatment; the loss of their driving privileges and even the potential forfeiture of their vehicle.


 

The information on this website is for general information purposes only. Since I have had neither an opportunity to investigate the facts underlying your legal matter or claim nor to research the applicable law, no reliance should be placed on any of the information, opinions or views expressed on this site.
Inquiring about representation by me does not establish a client-lawyer relationship. Your inquiry does not obligate me to respond or represent you.  My representation of a client only begins after I have entered into a written and signed fee agreement with them.
Nothing contained herein or in any other communication by me is intended as an advertisement or solicitation of clients in any jurisdiction other than Ohio or Kentucky.

The information on this website is for general information purposes only. Since I have had neither an opportunity to investigate the facts underlying your legal matter or claim nor to research the applicable law, no reliance should be placed on any of the information, opinions or views expressed on this site.

Inquiring about representation by me does not establish a client-lawyer relationship. Your inquiry does not obligate me to respond or represent you.  My representation of a client only begins after I have entered into a written and signed fee agreement with them.

Nothing contained herein or in any other communication by me is intended as an advertisement or solicitation of clients in any jurisdiction other than Ohio or Kentucky.

 


2306 Park Avenue Cincinnati, Ohio 45206

Serving Greater Cincinnati, Southwestern Ohio and Northern Kentucky - State and Federal Courts