Faced with Criminal Charges? We Are Ready to Protect Your Constitutional Rights.

Frequently Asked Questions

Answered by a Bay Area Criminal Defense Lawyer

If you have been charged with a crime, you most likely have at least several questions and concerns about your situation and future. Don’t worry! At the Law Office of Shelley D. Dwyer, our criminal defense lawyer in the Bay Area has more than 28 years of legal experience and we can answer all your questions and address all your concerns. On this page, we answered several of the most common questions our clients ask us and hopefully your questions are on here as well. If they are not, feel free to contact us today and schedule a completely free consultation where our attorney will answer your questions and provide you with well-informed legal counsel.

To have your questions answered and to schedule your free consultation, please either call us today at (650) 419-2940 or contact us online. Call now and speak with our knowledgeable criminal defense lawyer in the Bay Area.

  • Do I Need to Hire an Attorney if I Plan on Pleading Guilty?

    Regardless of how you plan to plead your case, it is always highly recommended that you have skilled legal representation protecting your rights in court. An experienced attorney can protect your rights and ensure that the prosecution does not treat you unfairly or even illegally. With a lawyer at your side, the prosecution may be open to minimizing your charges or eliminating them completely. So, while it is not legally required to have a lawyer representing you, it is always a good idea.

  • What Should I Do after I am Arrested?

    If you are arrested, you should be aware of your first amendment rights and that you have the right to remain silent. It is recommended that you do not say anything to any police officers before you speak with your attorney. This is because whatever you say to them, they can use against you to potentially increase the charges against you and punish you even more severely. You should comply with them and treat them with respect but you do not have to speak to them, regardless of what they say. Call (650) 419-2940 for experienced and aggressive legal representation to protect your rights and fight for your freedom.

  • If I was Pulled Over for an Alleged DUI, Can I Refuse a Chemical Test?

    If you were pulled over under suspicion of being drunk or under the influence of drugs, you should not refuse a chemical test. A chemical test is either a blood test, breathalyzer test, or urine test. If you refuse to take any of these three tests, it will result in an automatic one-year suspension of your driver’s license and also possibly a jail sentence. You do not, however, have to perform field sobriety tests, such as walking in a straight line. Field sobriety tests are voluntary and subjective. Moreover, many drivers who are pulled over are nervous due to the fact that police are suspecting them and they may mess up the field sobriety tests even if they are completely sober.

  • Am I Required to Let Law Enforcement Search My Car or House?

    No. You never have to consent to a police search. In general, it is not a good idea to have the police search your property because whatever they find they will try to use against you in court. Even if they don’t find anything from a search that you consented to, they may just assume that you hid whatever they were looking for. The police may attempt to detain you while they obtain a search warrant but don’t be intimidated. They may also attempt to search your home without a warrant, but they can only do so if they have probable cause. If you believe your car, home, or property was searched illegally, contact a skilled and aggressive criminal defense lawyer in the Bay Area today at (650) 419-2940.

  • Do Law Enforcement Officer Have to Read Me My Rights?

    No. They are not legally required to read you your rights but if you are arrested and they do not read your Miranda rights to you, anything they ask you afterward is considered null and void in the eyes of the court. Regardless of where they interrogate you, if your rights have not been read to you, anything you say cannot be used as evidence against you in your case. It is still highly recommended that you do not say anything to them at all until you have spoken with your criminal defense attorney first.