The officer had me sign some documents, can I get copies of these?
Yes, these documents will be provided to your attorney as part of “discovery” along with other police reports created at the time of your arrest.
The officer never “read me my rights”, does this help my case?
Possibly. This may lead to the suppression of any statements you may have made to the officer. You also have the right to talk to an attorney before making a decision to take or refuse a breath or blood test. Failure to advise you of this right may lead to the suppression of your breath or blood test results or any allegation that you refused the test.
I refused to answer the officer’s questions, will this hurt me?
No. You have an absolute right to refuse to incriminate yourself by making statements. If your case went to trial, the prosecutor and officer would not be allowed to even mention the fact that you were asked questions and did not answer.
Could I have talked to an attorney at the police station?
Yes. The police are required by law to give you a reasonable opportunity to contact an attorney by phone. In many areas there is an on-call attorney assigned to take these phone calls at all hours of the day and night.
How would I have contacted a lawyer the night of my arrest?
If you request to speak with an attorney, the police are required to give you access to a phone and provide you a chance to call an attorney. You may choose to attempt to contact an attorney you already know or find one in a phone book. However, the best option is to ask to speak with the on-call attorney who will be available to consult with you about your options.
I spoke to a public defender the night I was arrested.
Will I be able to find out who that was? Yes. The name and contact information for that attorney should be listed in the police officer's report.