I
have been contacted by a detective who wants
to interview me. What should I do?
You should immediately contact an experienced
criminal defense attorney and consult with him.
Remember, anything you say to that detective
may be misconstrued and can ultimately be used
against you in a court of law.
Can
a police officer arrest me without a warrant?
Yes! You can be arrested if there is reasonable
suspicion or probable cause to believe you committed
a crime or was involved in a crime.
What
are my rights if I am arrested?
You have a right to remain silent.
You also have a right to have an attorney
present anytime law enforcement wants
to speak with you. You have a right
to have an attorney represent you in
your criminal matter. You also have a right
to bail.
Does
a police officer or law enforcement personnel
have to read me my Miranda Rights?
Your Miranda Rights must be
read to you if you are being interrogated
and in custody---commonly known as
custodial interrogation. Failure
to do so could result in the statements made
by you being thrown out or suppressed. Failure
to read your Miranda Rights does not invalidate
the arrest, only any incriminating statements
made by you.
Should
I volunteer my side of the story to the police
officer when I am arrested?
In most cases a police officer is not going
to let you go even if he believes your story.
If you are arrested without a warrant the police
officer is trying to make his case and will
use any and all statements against you. In either
situation, you are at a disadvantage if you
talk to the police officer because the statements
you make to him/her could be misconstrued or
misquoted and ultimately used against you. Remain
silent until you speak with a lawyer.
What
if the police officer says that I should confess
and he will speak to the prosecutor and ask
them to go easy on me?
In most cases the opposite occurs. If you make
a full confession then there is no reason for
the prosecutor to go easy on you. You have basically
made the case for the prosecutor by confessing.
You should never speak to law enforcement without
an attorney present.
Do
I need to hire a Criminal Defense Attorney?
Yes! A Criminal Defense Attorney can help you
understand what to do if you are arrested, how
to deal with the criminal justice system and
understand the rights you have as a criminal
defendant. Criminal offenses are often very
serious. You could be facing jail, state prison,
probation, fines and restitution and ultimately
a criminal record. |