Few decisions in life are as important as who you choose to protect your rights in a Court of Law. It may save you a considerable expense and stress.

Welcome.

The Kisluk Law Firm has been fighting and protecting your rights since 1990, – no matter what. We will help you get your case under control – put it behind you – and move on with your life. Our goal is your satisfaction. Free initial consultation. After hours and weekend appointments via skype.

Than you for visiting the website of Attorney At Law, Bret S. Kisluk. Should you find yourself in the need of the services of a criminal defense lawyer, please contact me. Audemus Jura Nostra Defendere – I will dare to defend your Rights!

Being arrested, confined and charged with a criminal offense is a frightening situation. You will be concerned about your freedom and how this affects you, your family, your future and the life and reputation you have worked so diligently to build and establish. You are concerned with what you can do to clear your name and reputation quickly and how to restore normalcy to your life. Don't feel alone or isolated, realize our help for you is just a telephone call away. Never go to court alone!

You have a lot of questions at a time like this. While your family and friends might mean well, you need professional advice from a licensed Defense Attorney. There are times when what you want to hear is very different from what you need to hear. But to make the right decision, you must have the unvarnished truth.

Few decisions in life are as important as who you choose to protect your rights in a Court of Law. It may save you a considerable expense and stress.

The Criminal Defense Lawyer, Bret S. Kisluk, is dedicated to fighting to protect the rights and freedoms of those charged with allegedly committing a crime. We believe in the proposition that "You Are Innocent Until Proven Guilty!". Call The Kisluk Law Firm and let us put our experience, dedication and energy to help clear your name and restore your life to what it was before your arrest. To discuss your legal matter, please contact us by calling 713. 685. 5000 extension 2309 or 832. 277. 4977.

Why you should NEVER talk to the police.

The Fifth Amendment provides to all that "No person ... shall be compelled in any criminal case to be a witness against himself." Justice Robert Jackson believed that when police wanted to talk to a client that "Any lawyer worth his salt will tell the suspect in no uncertain terms to make no statements to the police under any circumstances." Watts v. Indiana, 338 U.S. 49, 59 (1949).

Talking to the police cannot help you. You cannot talk your way out of getting arrested. The police are allowed to "lie" to you, so they will tell you things like if you tell them what they want to hear, then you can go home. This is a lie! Once you say what they want you to say and do what they want you to do, you will be placed under arrest and your statements will be evidence against you. It is impossible to un-ring the bell, think how hard it will be to take back a confession. Prosecutors can convince a jury that you are a liar, after all, you either lied to the police when you made the statement OR you are lying to the jury now by recanting the statement you made to the police.

Your Innocent Statements will always provide information against you. Even if you are innocent and only tell the truth when making a statement to the police, you always give the police some information that can be used to help convict you. "One of the Fifth Amendments basic functions is to protect innocent men who otherwise might be ensnared by ambiguous circumstances. Truthful responses of an innocent witness may, as well as those of wrongdoers, provide the government with incriminating evidence from the speakers own mouth." Ohio v. Reiner, 532 U.S. 17, 20 (2001). "Too many Americans, even those who should be better advised view the Fifth Amendment privilege as a shelter for wrongdoers. They too readily assume that those who invoke are either guilty of the crime, or commit perjury claiming this privilege." Ullman v. United States, 350 U.S. 422 (1956).

Therefore, when police or their investigators call you and want to get a statement from you, politely tell them that you DO NOT want to talk to them. Then, tell them in a clear voice that you want to talk to your attorney IMMEDIATELY. Then, stop talking! Period!

The purpose of this website is to inform. This outline is NOT intended to advise anyone on a specific legal problem because different facts may change the application of the law in a particular matter. If you have legal questions, always consult with your attorney before making any legal decisions.

Many people have a mistaken belief that they must answer all of a police officer's questions. That is simply NOT TRUE. After you properly identify yourself to the officer, you have a legal right to remain silent and refuse to answer any questions. Everything you say WILL be used against you in a court of law.

Driving While Intoxicated (DWI).

Being charged with driving while intoxicated can and is a terrifying experience. Anyone would feel scared and unsure of what to say or do. The police officer's job is to decide whether there is enough evidence to arrest you for DWI. You may and probably won't avoid being arrested - but, you might avoid being convicted.

If the officer suspects that you have been drinking alcohol or taking drugs, he or she will want to determine if you have been driving under the influence. First, the officer will observe you very closely to determine whether you have bloodhsot eyes, slurred speech or trouble maintaining your balance. Second, you will be asked a series of questions, perform some standardized field sobriety tests, and provide samples of your breath or blood. Even if you pass each of these tests, the officer may decide not to let you go. These tests are purely subjective. The officer alone gets to decide if you pass or fail and whether you should be arrested for DWI.

The law only requires you to identify yourself to a police officer and present proof of identification and proof of financial responsibility. Many people have a mistaken belief that they must answer all of a police officer's questions. That is simply NOT TRUE. After you properly identify yourself to the officer, you have a legal right to remain silent and refuse to answer any questions. Everything you say WILL be used against you in a court of law.

The officer uses sobriety tests to establish "probable cause" to arrest you and to use as evidence against you later in court. The officer may waive a pen in front of your eyes, ask you to stand on one leg, walk a straight line and turn, touch your nose with your index finger, or recite the alphabet. While standing on the side of the road, the officer might ask you to blow into a portable breath test device (PBT). The law does NOT require you to perform any of these tests and you have a legal right to politely and respectfully REFUSE each of these tests.

After the officer places you under arrest and you are transported to their office or to jail, they may ask you to blow into another breath test machine. Since you would already be under arrest, the only purpose of asking you to give a sample of your breath at that point is so the results can be used against you later in court - at your trial. Machines are not always accurate, they make mistakes. So why subject yourself to what may be inaccurate scientific evidence of your guilt? You have a right to refuse to take the breath test.

Remember, if you fail or refuse the breath test you have fifteen (15) days from the notice date [this is typically the date of your arrest] to request a hearing to challenge the suspension of your driver's license.

Keep this one thing in mind – DWI is the only charge in the criminal justice system where you MUST provide proof that you are not intoxicated.
When a police officer pulls you over for suspicion of driving while intoxicated, what is the first thing he or she asks you to do? The officer wants you to perform field sobriety tests. What is this request? In reality, the police officer is saying you are intoxicated. Do these field sobriety tests to prove to me you are not intoxicated. Is that fair? Is that what the law says? The answer is in Article 38.03 of the Code of Criminal Procedure: "All persons are presumed to be innocent and no person may be convicted of an offense unless each element of the offense is proved beyond a reasonable doubt. The fact that he has been arrested, confined, or indicted for, or otherwise charged with, the offense gives rise to no inference of guilt at his trial." Second, the police officer requests that you provide a specimen of your breath. Does this sound like you are presumed innocent? NO!