Gary Medlin

There are several different types of police encounters. One particularly common one is what the police like to call consensual, and occurs when they approach someone in public and start talking to them. While that is certainly permissible, anyone who is approached by a police officer can refuse to talk to them and simply walk away. When someone chooses to talk to police officers during consensual encounters, anything that the person says may lead to a reason for the police to further investigate or detain the person. This is just one reason why it’s so important for people to understand that when approached by a police officer, they have the right to refuse to answer any and all questions. Given our nature as human beings and the way most of us have been raised to be polite and courteous, most people think they need to engage politely with officers and exchange pleasantries.

In order to avoid saying something which may lead to a detention or investigation, individuals should either refuse to answer questions or ask the police officer whether they are being detained or investigated. If an officer is trying to identify a witness to a crime, then an individual is required to provide their name, date of birth, and address, but in the United States, they are not required to provide proof of government-issued identification; proof of a driver’s license is only required when someone is operating a motor vehicle.

Another type of police encounter is a detention, which most frequently occurs after a traffic stop. A detention situation arises when officers detain someone in order to investigate them or investigate something else, and must be supported by reasonable suspicion. In other words, the officer must have reasonable suspicion that the person has committed or is committing a crime. In traffic stop situations, officers must have evidence that the person has actually committed the crime because stopping the person is not going to lead to more evidence of whether or not they committed a traffic violation.

A detention situation may arise when an officer approaches someone who is sitting in their lawfully parked vehicle in a business or department store parking lot. Under such circumstances, an officer might knock on the window or motion for the person to roll down their window. This type of situation is a detention and therefore must be supported by reasonable suspicion. Any time a person is involved in a situation like this, they should obey the officer’s commands and identify themselves. According to the Fifth Amendment, however, they do not have to answer any questions whatsoever.

Quite often, officers don’t have reasonable suspicion and the law is clear that just a hunch is not enough. If an officer has not developed reasonable suspicion for a detention, or probable cause for an arrest, then any arrest would actually be illegal and any evidence obtained as a result of that arrest would be what’s called “fruit of the poisonous tree.” In other words, that evidence would be considered to have been illegally obtained and would not be able to be used against the person. There is a specific statute in Texas called the Exclusionary Rule under the Code of Criminal Procedure, Article 38.23. This statute states that any evidence obtained as a result of illegal activity by the police is not admissible in court and cannot be used against a person.

**Over 96 Years Of Combined Criminal Defense And Immigration Law Experience** ** Board Certified in Criminal Law, Texas Board of Legal Specialization, since 1989** **Award Winning Immigration Law Firm** Our law firm in Dallas Texas is driven with one simple goal in mind and that is to deliver the best possible result on every case we represent. We know that for every criminal case that we pursue, there is a human being that is dependent on us for defending his or her rights, freedom, and future well-being. This type of understanding is the foundation of any successful attorney-client relationship. Everyone should be deserving of a lawyer that they feel comfortable working with. You need someone by your side, who knows and understands the sum and substance of the Texas criminal justice system, and who is familiar with the courts, judges, prosecutors, and clerks in the various jurisdictions of the state of Texas. We are committed 110% to be that firm for you! Selection of your criminal defense counsel should be a careful and thorough process. You need and deserve a highly experienced and devoted advocate that you can rely on to protect your rights and your future. Our team of defense lawyers at The Medlin Law Firm will always give you honest answers to your questions and will dedicate the time that is needed in order to properly outline your defense strategy and possible scenarios of resolution. When you hire our firm, we get to work right away on uncovering and investigating every single detail of your case and the charges you are facing. We know what it takes to build a strong defense on your behalf. Our philosophy in handling each and every new criminal case is to prepare for the worst, but expect the best from the get-go; therefore, we look to dismiss every case if possible, but won’t hesitate to escalate to trial if it serves your best interests. We prepare for each criminal case by planning multiple possibilities and courses of action, so that when your case unfolds, we are in an optimal position to choose the best and most beneficial resolution. Working with The Medlin Law firm means you are always informed and involved at every step of the process. In over 34 years of criminal law practice, Gary Medlin has handled criminal matters of every type and has successfully defended thousands of criminal cases in the state of Texas. His experience practicing on both sides of Texas state and federal criminal law cases offers a significant advantage to his clients. Before becoming a criminal defense attorney, Gary Medlin served as assistant district attorney for over 8 years, prosecuting criminal charges against those accused of breaking the law. Today, this experience gives him invaluable insight into how prosecutors prepare cases against the firm’s clients. He knows the prosecution’s priorities as well as their pressure points, and as a result, is much more resourceful and effective in the preparation and defense of his client’s cases. For the past several decades, Gary has been a highly regarded and trusted Texas criminal defense lawyer. He is Board Certified in Criminal Law as designated by the Texas Board of Legal Specialization, a distinction achieved by only 10% of criminal defense attorneys in the state of Texas. AREAS OF PRACTICE: • Criminal Law • Immigration Law CERTIFICATIONS/SPECIALTIES: • Board Certified in Criminal Law, Texas Board of Legal Specialization, since 1989 BAR ADMISSIONS: • United States Supreme Court • United States Court of Appeals for the Fifth Circuit • United States District Court, Northern District of Texas • Texas courts by the Supreme Court of the State of Texas PROFESSIONAL ASSOCIATIONS & MEMBERSHIPS: • Tarrant County Bar Association • Tarrant County Criminal Defense Lawyers Association (Immediate Past President) • DUI Defense Lawyers Association (Founding Member) • Texas DWI Defense Lawyers Association (Founding Member) • State Bar of Texas • Texas Criminal Defense Lawyers Association • National Association of Criminal Defense Lawyers • National College for DUI Defense EDUCATION: • Texas Tech University, Bachelor of Science 1979 • Texas Tech University School of Law, Juris Doctorate 1982 • State Bar of Texas Licensed: 1983 CRIMINAL CASES WE HAVE EXTENSIVE EXPERIENCE IN REPRESENTING AT BOTH THE STATE & FEDERAL LEVELS: • DWI & DUI Offenses • Assault/Battery Charges • Domestic Violence • Murder/Manslaughter • Drug Crimes • Weapons Offenses • Violent Crimes • Theft/Burglary/Shoplifting • Arson • Bribery • White Collar Crimes • Conspiracy • Cyber Crimes • Embezzlement • Forgery • Sexual Offense Crimes • Trespass • Vandalism IMMIGRATION • Visa • Green Card • Citizenship • Deportation Services List • Criminal Defense - All Levels - All Case Types • Individualized DWI Defense & Hearing to Save Your License (ALR) • Extensive Experience in Jury Trails, Obtaining Dismissals, Reductions & More • Motions to Suppress, Occupational License to Cover Periods of Suspension • Obtaining Jury Acquittals at Every Level of Crime Including Capital Murder, Intoxication Manslaughter & DWI (Past Performance is No Guarantee of Future Results) • Immigration - Visa - Green Card - Citizenship - Deportation Amenities • Bonds Free for Clients • Frequent Speaker On DWI, ALR, and Other Criminal Law Matters • Admitted to the United States Supreme Court, U.S. Dist. Ct.-Northern Dist. TX., U.S. Ct. of Appeals-5th Circuit • Member, College of State Bar of Texas, National Association of Criminal Defense Lawyers • Former Tarrant County Assistant District Attorney The Medlin Law Firm - Dallas 2550 Pacific Ave #866 Dallas, TX 75226 (214) 888-4810 - Contact Gary at  
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