ASK OUR LAWYER
BY ROD TAYLOR - ABATE LEGAL SERVICES
TEN THINGS TO THINK ABOUT IF YOU'RE ARRESTED
Information for clients of ABATE Legal Services
What do you do when the men and women in blue
show up? What are your rights and what should happen? We get many
inquiries from parents, neighbors and concerned friends about
their rights and what to expect. The following tips should help.
1. When am I arrested?
You are arrested (or considered under arrest) when officers deprive
you of your freedom of movement in order to have you answer for
an alleged crime.
2. They want to question me - what are
my rights?
Just like in those TV shows, you have the right to remain silent.
If you don't keep silent, anything you say can be used in court
against you. If you start answering questions, you can stop at
any time. You have the right to speak with your lawyer and have
them with you during questioning.
3. The cops won't let me go, but they haven't
arrested me. Can they do that?
An officer can temporarily detain you in order to ask for identification
and to get an explanation of your presence at a particular time.
You can be subject to a limited pat-down search to ensure that
you have no weapons, if the officer believes you are armed. You
have the right not to answer the questions, but if you refuse
to give any identification, the officer may have grounds to arrest
you. Once this temporary detention is over, the officer must either
arrest you or let you proceed on your way.
4. They want to arrest me, but don't have
a warrant.
Officers can make an arrest without a warrant if they witness
the offense being committed. They can also make an arrest if they
receive information from a credible person that the suspect committed
a felony and is about to escape.
5. I got hurt when I was arrested. How
much force can they use?
On officer is entitled to use reasonable and necessary force to
overcome resistance. These terms are relative, so the amount of
force they can use depends on the situation.
6. They want to search my house. Do I have
to let them?
Officer may conduct a limited search of the surroundings without
a warrant. If you are in your home, they may seize contraband,
stolen property, or evidence of a crime in plain sight. They may
also check the residence for accomplices. If you are in your car,
they can search for weapons that could be used against them. They
may not conduct a broader search without a warrant, unless they
reasonably believe that the vehicle has evidence of crime or contraband.
7. I've been arrested. Now what?
You are going to be taken to the detention facility, where you
will be able to talk to an attorney. They should also tell you
the charge being alleged. You can be required to participate in
a lineup, give a handwriting sample, give a blood or urine sample,
or perform certain other tasks
8. I want out!
Bail may or may not be set for your case, depending on the seriousness
of the charge. If the charge is relatively minor, you may be released
on your own recognizance. You can also petition the court to reduce
the amount of bail set.
9. Where can I get a lawyer?
If you don't already know one, you can call you state or county
bar association for a referral to criminal lawyers. If you can't
afford to hire an attorney, you should tell the judge, who will
ask you questions to determine if you qualify for a public defender.
10. My kid just called from jail. What
rights to do they have?
Children have the same substantive rights as adults. In addition,
they have the right to have a parent with them when being questioned.
Also, the procedures in juvenile court are generally closed to
the public.
SURVEY RESULTS
I've spoken to a lot of members the last few
weeks about our survey and wanted to share with you the results.
We had 214 people return the survey forms. Here's the breakdown:
| Yes |
No |
Yes |
No |
| 1(a) 188 |
26 |
1(b) 122 |
92 |
| 2(a) 213 |
1 |
2(b) 201 |
13 |
| 3(a) 212 |
2 |
3(b) 206 |
8 |
| |
|
|
|
Here are some of the percentages:
1. Not speeding, not distracted, runs stop
sign
Crime committed - 87%; Jail time - 57%
2. Speeding, not distracted, runs stop sign
Crime committed - 99.5%; Jail time - 94%
3. Not speeding, distracted, runs stop sign
Crime committed - 99%; Jail time - 96%
I find these numbers very interesting. What is
especially notable is that 96% of those surveyed believe when
death or serious injury results from distracted driving, the driver
is more deserving of jail time than someone who causes the same
injury when speeding. We will take this data to the county prosecutors
and district attorneys to reinforce with them the need to prosecute
these crimes with as much energy and effort as those resulting
from other causes.
Of course, what got me thinking about all of this was the Janklow
case. Did you know that Janklow will only get 30 days in jail?!?
In my mis-spent youth, I knew a fair number of people who had
done 6 months for "borrowing" property that didn't belong
to them. Somehow, I find it hard to stomach a sociopathic congressman
that only has to serve 30 days for intentional conduct that results
in the loss of a life.
The other thing that bothers me about this case is that everyone
calls it the Janklow case. The motorcyclist that was killed was
a wonderful human being with a family, a job, and served his country.
His name is not nearly as well known. Instead of being a mere
footnote to the perfidity of Janklow, we should recall the victim
in this tragedy and this case should be called the Randy Scott
case.
THE RIDER'S VOICE
Michael "Balls" Farabaugh, longtime
motorcycle rights activist and friend of ABATE, is now a radio
personality! Balls is hosting a radio talk show dedicated to the
motorcycling community. His show, called Freedom of the Ride,
currently airs Saturday mornings from 10:30-11:30 on WGCL 1370
- AM, talk radio for southern Indiana. Balls focuses on motorcycles
and motorcyclists, and interviews all sorts of persons of interest
to the motorcycling community, from politicians to custom builders.
One recent show even featured me! If you want to hear the show
in your local market, you can contact WGCL at 812 333-2665 and
encourage them to syndicate the show.
DID YOU KNOW?
ABATE Legal Services has prepared over 400 wills
for ABATE members and their families. If you haven't made out
your will yet, call us at 1-800-25RIDER and get it done today,
or check out the information on our website, www.abatelegal.com.
Ride safe and free,
Rod Taylor
ABATE Legal Services
If you have any questions you would like to ask
the lawyer, please submit them to: ASK OUR LAWYER, P.O. Box 2850,
Indianapolis, Indiana 46206_2850, or email rodtaylor@abatelegal.com.
