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Gary Medlin

Any evidence or statements made by a person prior to their arrest may be used against them if the officer had reasonable suspicion supporting their decision to perform the detention. Once a person has been arrested, any statements made as a result of custodial interrogation cannot be used against them unless they have been informed of their Miranda rights, which is the right to remain silent. There is a concept called res gestae, which is a Latin term which basically means that something happens contemporaneously or part of the arrest. Statements made at the time of an arrest or as a result of an arrest may be admissible against a person even if they haven’t been informed of their right to remain silent. The distinction here is that once a person is in custody, statements cannot be used against them if those statements were the result of custodial interrogation and if the person was not informed of their right to remain silent.

In a DWI arrest, a person is typically pulled over, investigated, and asked to perform field sobriety tests. They might be placed under arrest and not informed of their right to remain silent. Under such circumstances, many people will think that since they weren’t informed of their right to remain silent, everything will be thrown out. This, however, is not necessarily true. The police will typically take a person to the police department, ask them to submit to a breath or blood test, and then inform the person of their right to remain silent before going through a list of carefully prepared questions that essentially reads like a script. At that point, they are interrogating the person and must inform that person of their right to remain silent in order to use any of the information they obtain.

What Kind Of Training Do Police And Law Enforcement Get Regarding Questioning People?
Detectives and patrol officers are trained to interrogate people in a manner that will get them to make incriminating statements. Detectives undergo further training to use psychological ploys and methods for obtaining incriminating statements. They typically ingratiate themselves to that person, make the person feel comfortable, and create the impression that they are there to help. In fact, they might even lie to the person or appeal to their conscience. They are very well-trained at asking questions from different perspectives in ways that call for certain incriminating answers.

Can Police lie?
Yes!

Can Police Lie About Anything Or Are There Some Restrictions?
The police are allowed to lie to people.

Courts allow Police to lie. The Police can lie to suspects during questioning. What’s more, those lies don’t render confessions involuntary per se. Even if courts are supposed to investigate deceptions to see if they produced false confessions since law enforcement officials are trained to question suspects, the lies they tell hardly invalidate confessions.

Can Police lie about possessing physical evidence?
Police lie all the time of having a suspect’s DNA, fingerprints, and other forms of physical evidence. It’s worth noting that acquiring physical evidence like DNA and fingerprints takes time. County crime labs are usually backlogged. If you are arrested because of a recently committed crime, it’s highly unlikely that the Police have the DNA and fingerprints collected from the crime scene when they are interrogating you.

In fact, Police are notorious for tricking suspects into providing their DNA and fingerprints. They do this by offering suspects something to drink during interrogation. If you get arrested for a violent crime, a DNA swab can be taken as part of the booking routine. If the crime doesn’t require a swab as part of the procedural, the Police can trick you into giving them your DNA. The law allows law enforcement officers to obtain your DNA, among other evidence using such means. However, DNA tests will still take time and are hardly done on-site.

The Police can also use fake tests. You may be informed you have failed a chemical test or polygraph. The Police can go as far as claiming they have eyewitnesses or an accomplice’s confession. Such attempts may be made to get confessions. Don’t fall for this trickery. In fact, never give any statement in the absence of an attorney!

The #1 reason you should never make voluntary statements in the first place

While there are many reasons to avoid making voluntary statements, there’s one “magical” reason. If a crime is committed and the Police have sufficient ground to arrest you, they will arrest you. Law enforcement officers who have sufficient grounds to make an arrest have no business wanting to talk to you, ask a few questions, or take voluntary statements. You can’t talk your way out of an arrest!

So, why should you give them enough grounds to arrest you by giving voluntary statements? The 5th Amendment exists for a reason. You aren’t required to make statements that help the Police in incriminating you in a crime. So, don’t give any statement in the absence of your lawyer

The Police Officer Said He Will Go Easy On Me If I Cooperate. Is That True?
A frequently used tactic by the police is to tell someone that they will “go easy” on someone if they cooperate. In reality, “going easy on someone” is not even an option for police officers; they have a duty to investigate crimes, and once they have completed their investigation, they must turn over the information to the prosecutor or district attorney. At that point, it is the district attorney’s place to decide how vigorously to prosecute the defendant and whether or not to “go easy” on them.

**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 https://www.medlinfirm.com/locations/dallas/ - Contact Gary at  
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