Police, arrests and criminal cases: know your rights

Generally no. The Fifth Amendment protects you from being forced to be a witness against yourself, so you do not have to answer questions about what happened. U.S. Const. amend. V

Only before they question you while you are in custody. If you are not in custody, police can ask questions without giving the Miranda warnings. Miranda v. Arizona, 384 U.S. 436 (1966)

Not always. Say clearly that you are using your right to remain silent; simply not answering may not be enough. Berghuis v. Thompkins, 560 U.S. 370 (2010)

Once a warned suspect says at any time that they want to remain silent, the interrogation must stop. Miranda v. Arizona, 384 U.S. 436 (1966)

Usually two cases start. Your license can be suspended in a separate license case unless you ask for a hearing in time: within 10 days in California and Florida and 15 days in Texas. The criminal case starts with your first court date. See DUI and DWI. Cal. Veh. Code § 13558 · Fla. Stat. § 322.2615 · Tex. Transp. Code § 524.031

The court tells you the charge and asks how you plead: guilty, not guilty or, with the court's consent, no contest. You are told your rights, including the right to a lawyer, and the judge decides on release. After an arrest, you must see a judge without unnecessary delay: within 48 hours in California and Texas, and within 24 hours in Florida. See Arraignment. Fed. R. Crim. P. 10, 11(a)(1) · Cal. Penal Code § 825 · Tex. Code Crim. Proc. art. 15.17 · Fla. R. Crim. P. 3.130

If you are charged with a crime and cannot afford a lawyer, one can be appointed for you. Ask the court about a public defender. See Getting a public defender. U.S. Const. amend. VI · Gideon v. Wainwright (1963)

It depends on your state: each state decides which records can be cleared or sealed, after how long, and what the process is called. Federal law allows expungement only in narrow cases. See Expungement. State law · 18 U.S.C. § 3607(c)

Paying is treated as a conviction in California and as admitting the infraction in Florida, and it can add points to your driving record. To contest the ticket, you plead not guilty by the date on the ticket or the court's notice. If you qualify, a course can keep the ticket off your record: traffic school in California, a driving safety course in Texas or a basic driver improvement course in Florida. See Speeding ticket. California Courts: traffic tickets · Cal. Veh. Code § 1808.7 · Tex. Code Crim. Proc. art. 45A.352 · Fla. Stat. § 318.14

Only Florida and Delaware post full statewide lists of active warrants online; Connecticut and Alaska list some kinds. Most other states have a court case search, which is not a warrant list, and 12 states have no statewide search. Call the clerk of the court where you had a case, or have a lawyer check. See warrant search by state. FDLE · DELJIS · Connecticut Judicial Branch · Alaska State Troopers

Cash bail or a deposit paid to the court is returned when the bond conditions are met, usually when the case ends. A bail agent’s fee, usually 10% of the bail, is not refunded, and missing court can forfeit the bail. See bail and bail bonds. Fed. R. Crim. P. 46(f), (g) · BJS NCJ 214994

It depends on the city: 30 days in New York City, 21 days on Chicago’s notice, 21 days for a free review in Los Angeles and San Francisco, and a hearing within 15 days in Philadelphia keeps late fees off. See parking tickets. NYC Department of Finance · Cal. Veh. Code § 40215(a)

Call 911 in an emergency. Otherwise call the non-emergency number for the place where it happened, go to the station, or file online where your city takes that kind of report, usually a theft or damage with no known suspect. Keep the report number: you need it to get a copy. See Police report. 911.gov · City of Chicago 311 · Phoenix Police Department

Use your state DMV's official status lookup, or order your driver record. Texas, Pennsylvania and Nebraska let you check online without an account; other states use an account, the phone or the mail. Suspension notices go by mail to the address on file, so keep it current. See Suspended license. Texas DPS License Eligibility · PennDOT · Nebraska DMV · Fla. Stat. § 322.251

Not always, but a DUI starts a license case and a criminal case. Ask for the license hearing in time: 7 days in Colorado and Washington, 10 in California and Florida, 15 in Texas. If jail is possible and you cannot afford a lawyer, ask the judge for a public defender. See Do I need a DUI lawyer? Cal. Veh. Code § 13558 · Tex. Transp. Code § 524.031 · Colorado DMV

If the charge can bring jail, you have the right to a lawyer, and to a free one if you cannot afford one; it begins at your first appearance before a judge. A defense lawyer may not charge a contingent fee under the ABA model rule. See Do I need a criminal defense lawyer? Gideon v. Wainwright, 372 U.S. 335 (1963) · Rothgery v. Gillespie County, 554 U.S. 191 (2008) · ABA Model Rule 1.5(d)