Post-Arrest Expectations

The most important thing to remember after an arrest is that the police are still investigating you and evaluating your statements and actions during the booking and detention process. Be mindful that once you are placed under arrest, a number of constitutional protections are immediately triggered and the police are relying on your ignorance of those laws to expel more information and confessions from you. Never fall prey to their tricks and always invoke your right to a South King County criminal lawyer before making any statement, no matter how small or seemingly insignificant.

Certain post-arrest procedures are deemed constitutional. The police are within their rights to place you in a line-up, take your fingerprints, seek your consent to search you, and interrogate you. Police may also expel handwriting samples and voice exemplars if you choose to provide them.

Police must have a warrant or court order to seize any part of your body for DNA analysis. This includes hair clippings, saliva samples or vials of blood. If you are being detained on suspicion of driving under the influence, the police are within their legal rights to request your submission to a breathalyzer test or the drawing of blood for the purposes of blood alcohol analysis.

You should always invoke your rights to a South King County criminal lawyer with respect to any interrogation or search. However, you may not have rights to an attorney with respect to your refusal to submit to some of the above authorized post-arrest investigation procedures. Should you choose to refuse a line-up, for example, it is unlikely that the police will wrestle you into the line-up room, but your adamant refusal may be used against you in a trial as an inference of guilt. The same argument applies to any detainee who refuses to allow the drawing of blood.

As mentioned above, certain DNA-based testing procedures may be administered pursuant to a valid court order. If you refuse to submit to a court-ordered test, you will face additional criminal contempt of court charges which can enhance your incarceration time and result in fines and penalties. Your South King County criminal lawyer will also advise you that refusal to submit to a breathalyzer will result in the automatic suspension of your license and can even enhance your sentence if you are convicted.

Do you still have questions about your recent DUI or criminal arrest? Do not hesitate to contact experienced King County DUI Lawyer South King County criminal attorney today for a free initial consultation.

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