Anyone who has watched a police drama on television is familiar with the phrase “You have the right to remain silent.” However, few people understand the magnitude of these words. When you are facing criminal accusations, staying silent and refusing to answer police questions is often one the best ways to increase your chances of avoiding conviction. This is especially true when you are facing accusations of domestic violence or another violent crime. A conviction for a domestic violence offense can dramatically impact your life. Asserting your constitutional right to avoid self-incrimination is crucial.

Declining Police Questions Until Your Attorney is Present

The U.S. Constitution gives criminal defendants certain rights. Among these important rights are the rights to avoid self-incrimination and consult with legal counsel. These are often referred to as Miranda Rights. Many criminal defendants grossly underestimate the importance of declining police questioning during an arrest or criminal investigation. Some defendants mistakenly believe that asking for a lawyer and then remaining silent will make them appear “more guilty” than if they freely answered police questions. Others assume that answering the questions honestly can only aid in their defense—especially if they are innocent of the crime that they have been accused of.

Unfortunately, talking to police without your attorney present can significantly damage your chances of an acquittal or dismissal. In the moments after a domestic violence arrest, most defendants are flooded with adrenaline. They may be feeling shocked, angry, confused, frustrated, or even betrayed. This is not the time to be making statements to the police.  A defendant could easily say something he or she does not really mean or make statements that harm his or her case. This is why most criminal defense attorneys encourage defendants to calmly ask for an attorney and then simply stay quiet until he or she arrives.

The penalties associated with driving while intoxicated (DWI) charges vary depending on the circumstances of the alleged crime. If you were arrested on suspicion of drunk driving for the first time, you will likely be charged with a Class B misdemeanor. A first-time DWI conviction in Texas is punishable by fines up to $2,000, a driver’s license suspension, and a jail sentence of up to 180 days. Unlike many other states, Texas DWIs are punishable by a mandatory three days in jail. Second and subsequent DWI offenses are punishable by even longer jail sentences and higher fines.

If you were charged with drunk driving, it is important to start thinking about your defense. A criminal defense lawyer with experience in DWI cases can help you build a persuasive defense against the DWI charges using one of the following strategies or another approach according to the details of your case.

No Reasonable Suspicion for the Traffic Stop

Most DWI charges result from a traffic stop. Police are not permitted to pull over a vehicle on a whim. There must be “reasonable suspicion” that some type of illegal activity has occurred or will occur. For example, weaving in between lanes or driving well under the speed limit may lead police to suspect that a driver is under the influence of drugs or alcohol. These examples would likely constitute reasonable suspicion. Police cannot pull someone over because of their race, the type of car they are driving, or the neighborhood they are in. If police cannot point to specific reasons for the initial traffic stop, the reasonable suspicion standard may not be met and the charges may be dismissed.

The division of a couple’s joint property is often one of the most significant aspects of a divorce, especially in high net worth divorce cases. Whether spouses are able to reach an out-of-court property division settlement or property division is decided by the court, the division of assets and debts should be based on accurate, current financial data. Unfortunately, some spouses attempt to sway the outcome of the divorce in their favor by lying about their assets and income.  

How Spouses Hide Assets in a Divorce

To divide property in a divorce, both spouses must disclose detailed financial information. However, some spouses fail to tell the whole truth.

Some common tactics used to conceal assets or manipulate property division in a divorce include: