Concerts are fun. They are a place where you can enjoy the company of good friends and family, maybe a few drinks, and most especially the good music. But what happens when you have had a few too many drinks and the “party” starts to get out of hand? No one wants to be the one to ruin the good time for anyone else, but this article is intended to inform you on what to do in case you do have an altercation that causes you to be leaving that awesome concert with the police.
You Don’t Have to Say Anything
While it may help your cause to cooperate as much as possible with a police officer, you are under no legal obligation to say anything. In fact, anything you say may be used against you either when deciding whether or not take you into custody or during your trial. If you have been taken into custody on suspicion of being under the influence of drugs or alcohol, slurred speech or mispronouncing words could further hurt your chances of having charges dropped or reduced.
Most Searches Can Only Be Conducted with a Warrant
When going to a concert, the best practice is to go and have fun and not to cause a ruckus or do anything illegal. Both are wrong and they take away from the intended fun. However, if you find yourself talking a police officer and they suspect that you have or are on drugs or drinking too much, they can’t conduct a search on a person without probable cause. Without probable cause, a police officer is limited in what he or she can do in terms of gathering evidence or finding a reason to detain you. Without probable cause, an officer cannot search your car or home without a warrant unless you give the officer permission to do so. While a warrant may be obtained to conduct a legal search, anything that is found before the warrant is signed cannot be used as evidence against you to support any charges you may have received.
You May Request an Attorney at Any Time
If you don’t have the means to pay for an attorney on your own, the state will provide one for you. All you have to do is ask for legal counsel and questioning must stop until an attorney is in the room with you. However, if you do have the means to pay for your own legal counsel, you should find an attorney that specializes in the type of case that you are involved in. For instance, if you are driving away from the concert and are pulled over for suspicion of drunk driving and are taken into custody, you may want a DWI lawyer to help you.
You Have Attorney/Client Privilege throughout the Legal Process
Once you have found an attorney, you are granted attorney/client privilege throughout the case. Even if you admit that you have committed the crime that you are charged with, your attorney cannot divulge that information. As this privilege rests solely with you, your attorney cannot be compelled to testify against you or otherwise waive this right unless you give permission to do so. Your attorney may be disbarred if he or she violates this principle while acting on your behalf in court.
Certain Parties May Not Be Compelled to Testify
Your spouse cannot be forced to testify against you in court, nor are you required to take the stand in your own case. If there specific questions that you don’t want to answer either during questioning or at trial, you may invoke your 5th amendment rights at any time, which protect you against incriminating yourself.
If you have been taken into custody after going to a concert, it is not proof that you have committed a crime. You still have many rights including the right to say nothing, the right to hire legal counsel and the right to demand that the authorities refrain from going through your belongings without a warrant giving them permission to do so.