Being arrested obviously is not going to be a pleasant experience. In order to make the event quick and less likely to involve additional legal issues, you need to follow some simple guidelines. Not following this advice can cost you more jail time and more money.
Number one thing not to do is resist arrest. Even if you are 100% innocent for what you are being charged with. The police do not care and will arrest you anyways, your lawyer should only be trying to prove your innocence. The more trouble you are to arrest, the more likely the police will use physical force. You may even end up being charged with resisting arrest if you do not cooperate peacefully.
Once the police have declared that you are being arrested, only give your name, address, and telephone number. This information is needed for setting bail, so be honest and brief. Do not say anything else outside of these three elements. After these three pieces of information are given to the police, request your lawyer.
The police may try to question you additionally, which you have the right to remain silent. Anything you say now can be video taped or recorded and used against you. Its in the best interest of the police for you to incriminate yourself, so keep silent. If arrested with more than one person, do not speak or try to come up with a plan with the others involved. This will backfire and cause more harm than good. Your lawyer is the only key to proving your innocence. Remember the badge numbers and names of the arresting officers if possible, this is your right and can help in a court case.
Monday, October 8, 2007
Friday, September 7, 2007
Do I have an FBI Record?
Believe it or not, you may have an FBI record. Why? Well, if you have ever been employed by the government, served in the military, arrested, or have gone through naturalization, you may have a record. The record starts its life with fingerprints, so back in the days of elementary school, more than likely you had prints taken. This isn't something to be necessarily concerned about unless you have fingerprints taken related to an arrest. When an arrest takes place, a record is made that includes dates,name of agency that submitted prints, and the arrest charge. All this data becomes part of the FBI file.
Whats interesting about an FBI file is that it becomes part of an international database known as the "Triple-I". Triple-I stands for Interstate Identification Index. This database is overseen by the National Crime Information Center (NCIC). The NCIC indexes open arrest warrants, missing persons, stolen property, some serious misdemeanors, and felonies with unresolved issues. Law enforcement agencies are only allowed to accesses this database. Why don't all criminal records make it to this index? If county, local, and state agencies do not enter their records into this database, it will not be found there. If a criminal was not incarcerated in a federal prison, it will not be in the Triple-I database.
How Do I Access My FBI Record?
The United States Department of Justice Order 556-73 establishes rules and regulations for the subject of an FBI Identification Record to obtain a copy of his or her own Record for review. The FBI’s Criminal Justice Information Services (CJIS) Division processes these requests. What this means, is that the subject requesting the record, is the only record that can be obtained. You will need to submit a proof of identity which consist of your fingerprints (originals), name, date of birth and place of birth. Fingerprints should be taken by a technician that specializes in this field. In addition to this information you will have to pay $18 in exact amount to the FBI for processing. You then mail the items to the following address:
FBI CJIS Division – Record Request
1000 Custer Hollow Road
Clarksburg, West Virginia 26306
If not all above items are complete, the request will be returned. It usually takes around 16-18 weeks for processing. Any records found to be inaccurate may be challenged according to which agency reported the information. In other words, the FBI is not the source of the information if an arrest was reported by county,local, or state agency. The FBI is not authorized to modify any records without written notification from an appropriate criminal justice agency.
Whats interesting about an FBI file is that it becomes part of an international database known as the "Triple-I". Triple-I stands for Interstate Identification Index. This database is overseen by the National Crime Information Center (NCIC). The NCIC indexes open arrest warrants, missing persons, stolen property, some serious misdemeanors, and felonies with unresolved issues. Law enforcement agencies are only allowed to accesses this database. Why don't all criminal records make it to this index? If county, local, and state agencies do not enter their records into this database, it will not be found there. If a criminal was not incarcerated in a federal prison, it will not be in the Triple-I database.
How Do I Access My FBI Record?
The United States Department of Justice Order 556-73 establishes rules and regulations for the subject of an FBI Identification Record to obtain a copy of his or her own Record for review. The FBI’s Criminal Justice Information Services (CJIS) Division processes these requests. What this means, is that the subject requesting the record, is the only record that can be obtained. You will need to submit a proof of identity which consist of your fingerprints (originals), name, date of birth and place of birth. Fingerprints should be taken by a technician that specializes in this field. In addition to this information you will have to pay $18 in exact amount to the FBI for processing. You then mail the items to the following address:
FBI CJIS Division – Record Request
1000 Custer Hollow Road
Clarksburg, West Virginia 26306
If not all above items are complete, the request will be returned. It usually takes around 16-18 weeks for processing. Any records found to be inaccurate may be challenged according to which agency reported the information. In other words, the FBI is not the source of the information if an arrest was reported by county,local, or state agency. The FBI is not authorized to modify any records without written notification from an appropriate criminal justice agency.
Thursday, September 6, 2007
Who Do You "Really" Know
Its 6pm and you and your family are sitting on the couch watching television . Suddenly a news alert flashes on the set about breaking news. Another child has gone missing, and you think to yourself "how would I feel if that happen to me". Today, we are constantly scared by the media into thinking that its chaos around every corner. But statistically, the truth is that most crimes are committed upon someone by someone they know. In fact, last year 53% of identity thefts were committed by close acquaintances. Coworkers, friends, relatives are among those perpetrating these crimes. A good defense in protecting yourself against these vulnerabilities, is to perform criminal background checks on people associated with you.
Currently, there is no one single source that combines all criminal records into a database. For a complete history search of a suspect person, you will need to use various sources. The most trusted source available to local law enforcement is the National Crime Information Center (NCIC). This electronic database lists arrest records on a national basis compiled from various federal, state, and local sources. What this check will indicate, is only if an arrest was made but will not contain any specifics to the arrest. This is a common route for the general public to explore, but things such as sexual offenses can not be determined. Sexual Offender Registry Checks (SOR), are a seperate database compiled by 43 states. This database can be searched free online. For a very comprehensive search to be performed, third party services would be haved to be used. These third party sources are vender's that charge fees according to the extent of the search. The more you pay, the more information you will obtain.
Many local governments are now opening criminal records to the public through online search applications. These applications are filled out by the searcher into a form on a state or local website. The information revealed to the searcher will vary locally and may not be very informative. Most likely you will not find details like history of arrest,conviction, incarceration, and court records. Although this may be a good place to start if you have any suspicions of a particular subject. Its free and only cost your time.
Not all records are the same
Currently, there is no one single source that combines all criminal records into a database. For a complete history search of a suspect person, you will need to use various sources. The most trusted source available to local law enforcement is the National Crime Information Center (NCIC). This electronic database lists arrest records on a national basis compiled from various federal, state, and local sources. What this check will indicate, is only if an arrest was made but will not contain any specifics to the arrest. This is a common route for the general public to explore, but things such as sexual offenses can not be determined. Sexual Offender Registry Checks (SOR), are a seperate database compiled by 43 states. This database can be searched free online. For a very comprehensive search to be performed, third party services would be haved to be used. These third party sources are vender's that charge fees according to the extent of the search. The more you pay, the more information you will obtain.
Doing your own criminal checks
Many local governments are now opening criminal records to the public through online search applications. These applications are filled out by the searcher into a form on a state or local website. The information revealed to the searcher will vary locally and may not be very informative. Most likely you will not find details like history of arrest,conviction, incarceration, and court records. Although this may be a good place to start if you have any suspicions of a particular subject. Its free and only cost your time.
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