Know Your Constitutional Rights!
If you are in custody (which means you are not free to leave, you do not actually have to be under arrest, yet), and are being questioned by a “state actor” (usually the police), you have the following rights:
- You have the right to remain silent. Use it. Because anything you say can and will be used against you in court.
- You have the right to an attorney. This attorney may be with you during questioning. Do not wait until after questioning to ask for one.
- If you are indigent and cannot afford to hire an attorney, an attorney will be appointed to you. If you cannot afford an attorney, do not dismay; the Public Defender’s Office (at DPA.Ky.Gov) is very good.
If the police ask for your consent to search (which means they do not already have a warrant or are unable to search you under an exception to the warrant requirement), you may refuse. Do not believe that if you consent to a search, the police will decide NOT to search, believing you have nothing to hide. If they ask for consent, that means if you give it, they will search.
FAQ
If you’re facing criminal charges or legal uncertainties, it’s crucial to consult an experienced attorney like B. Scott West. His expertise can make a significant difference in protecting your rights and securing the best possible outcome.
For your initial consultation with B. Scott West, bring any relevant documents. His experienced eye can quickly assess police reports, court papers, and other materials to start building your strategy immediately.
Yes, you can. Many clients choose B. Scott West after being dissatisfied elsewhere, appreciating his dedication, clear communication, and proven track record.
Absolutely. When B. Scott West is on the case, he upholds the highest standards of attorney-client privilege, ensuring your trust is never compromised.
Legal Glossary
Acquittal: A verdict that a criminal defendant is not guilty.
Affidavit: A written statement made under oath.
Appeal: A request for a higher court to review a lower court’s decision.
Arraignment: A court proceeding where the defendant is read their charges and enters a plea.
Bail: Money or property given to the court to ensure a defendant’s appearance.
Circumstantial Evidence: Indirect evidence that implies a fact but doesn’t directly prove it.
Defendant: The person accused of a crime in a criminal case.
Deposition: Out-of-court testimony given under oath and recorded for later use.
Discovery: The pre-trial exchange of information between parties in a case.
Expungement: The process of sealing arrest and conviction records.
Felony: A serious crime typically punishable by imprisonment for more than one year.
Grand Jury: A group of citizens who decide whether there’s enough evidence for a criminal trial.
Habeas Corpus: A court order demanding that a public official deliver an imprisoned person to the court.
Hearsay: Second-hand testimony that’s usually not admissible in court.
Indictment: A formal accusation of a crime, issued by a grand jury.
Liable: Legally responsible for something.
Miranda Rights: The constitutional rights that must be communicated to a suspect upon arrest.
Misdemeanor: A less serious crime, usually punishable by up to one year in jail.
Negligence: Failure to exercise reasonable care, resulting in damage or injury to another.
Parole: The conditional release of a prisoner before their sentence is complete.
Perjury: The act of lying under oath.
Plea Bargain: An agreement in which a defendant pleads guilty in exchange for concessions.
Precedent: A court decision that is considered authority for deciding subsequent cases.
Probation: A period of supervision over an offender, ordered by the court instead of serving time in prison.
Prosecutor: A lawyer who represents the government in criminal proceedings.
Subpoena: A legal order compelling someone to testify or produce documents.
Testimony: A statement made under oath by a witness in court.
Verdict: The decision of a jury or judge on a defendant’s guilt or innocence.
Voir Dire: The process of questioning potential jurors to determine their suitability for jury duty.
Warrant: A written order issued by a judge authorizing an arrest or search.
