What happens if I am stopped by a police officer?

  • Do not volunteer information. Do not talk about what happened. Do not make an oral statement. Do not make a written statement. Do not explain yourself.

  • The biggest mistake is attempting to explain what happened to a police officer. Do not volunteer a statement, do not write a statement, do not think you can explain your side of the story. Providing evidence and/or information is THE first and biggest mistake.

Example: Traffic Stop

Officer: Have you had anything to drink tonight? Or Where are you coming from?

Driver: I had one drink 3 hours ago.

  1. You are under no obligation to answer. We do not recommend answering but there have been cases where a non-response has been taken as an affirmative response (a yes). If you are going to answer questions be careful of what you say.
  2. Stating that you've only had one sip or only had one glass of wine. This will give the officer enough to conduct a field sobriety test. It could also be noted in the report that your eyes were glossy and the car and/or your breath smelled of alcohol.

Am I being detained or am I free to go?

  • If you are not free to go then ask to speak to your attorney and call Woolard Legal. We would suggest you do not explain your situation. Do not voluntarily give permission to have your car searched, your house searched, nor search you or your belongings.

But what if they try to search?

  • Do not consent but do not resist. Make sure to tell them that you do not consent to any search. Do not say "I guess." Do not say "I don't know." Do not, under any circumstances give them permission to search anything. Tell them you do not consent but leave it at that. You can say you do not consent, you can give your name and address, but do not answer any other questions. Do not answer questions until you speak to an attorney.

What happens if I am arrested?

  • You will be taken to the police station. Sometimes that can be a local city jail or a county jail.

  • Depending on the crime, the charges, and your history, you may be released on your own recognizance (OR-ed), have a bond, or have to wait 48 hours for a bond hearing.

What happens at the initial hearing?

  • You will have the charges read to you by the court and a determination as to whether you qualify for a public defender, if you are representing yourself, or if you are going to hire an attorney. A court date will be set for the first preliminary hearing.

What are the charges and what are the possible penalties?

  • Felonies

  • Misdemeanors

  • Citations are usually only punishable by a fine. If you have an unpaid citation the government can take more aggressive actions.