June 24, 2010
Criminal Law – Know What Your Rights Are
Crimes can be either misdemeanors or felonies. You have the option of choosing to represent yourself or hiring an attorney to defend you on either case type. Depending on the nature of the alleged crime, you may choose to waive your right to counsel. For traffic violations, you can sometimes get a summary proceeding in which you visit with a local judge and he resolves it with a summary judgment. However, for felony cases, you will want to hire an attorney to represent you.
People often ask if they have the right to refuse a search. There are personal searches, vehicle searches, and home searches.The officer, given probable cause, can search your car when he/she wants. The law doesn’t view a vehicle as private as a home, so it is more lenient to officers searching vehicles.In your home, you are generally safe. They need your consent, a warrant, or “exigent” circumstances to enter your home. Exigent involves the nature of the offense, the evidence of probable cause and the likelihood of you getting away if he/she doesn’t act soon.crimlawnsw.com.au
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