After an Arrest
Frequently Asked Questions:
Do I need a lawyer? [answer]
Should I speak with the police? [answer]
Do I have to give consent for a search of
my home or my Automobile? [answer]
Do the police have to read me my rights?
[answer]
If I refuse to talk to the police, can I
be charged and taken into custody because of my refusal to cooperate?
[answer]
Frequently Asked Questions with Answers:
Do I need a lawyer?
Without Question, YES. If you care about
yourself or your future (or a loved one or family member) then
the answer is yes.
If you are innocent of the charges, it is
all the more necessary to consult with a qualified criminal defense
attorney. Just because you know that you are innocent does not
mean that you will ultimately be found innocent. “Innocent
until proven Guilty” is not usually the case.
We all like to think that truth and justice
prevails, but unfortunately that does not always happen. In fact,
sometimes police and prosecutors are so eager to push cases through
the system that innocent people are found guilty of crimes they
did not commit. The only way to ensure that your rights are fully
protected and that the evidence is fairly presented in court is
with an experienced criminal defense attorney. She or he provides
you with proper legal representation and fights for your rights.
If you are being investigated by the police
or prosecutor, but charges have not yet been filed, it is crucial
that you have a lawyer to protect you. Police and prosecutors
do not always give people the benefit of the doubt before they
file charges, and they often make mistakes due to a rush to judgment.
Don’t assume that the police will fairly
decide whether you should be charged. Any evidence in your favor
needs to be investigated and preserved by your attorney as early
as possible. In many case she is able to bring evidence to the
attention of the police and prosecutors before charges are filed
and persuade them not to file charges against you. It is often
easier to convince prosecutors not to file charges in the first
place, than to persuade them to dismiss charges once they have
filed.
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Should I speak with
the police?
Absolutely Not! Never! Make no statement
and sign nothing. If the police think that you will talk, they
may try to interview you. You may even believe that this is your
chance to tell your story. However, the police are not there to
clear you of suspicion. Their role is to gather evidence to convict
you of a crime.
The police regularly use deceptive tactics
and lie to people under investigation. They tell you that if you
tell them your side of the story, they will not arrest you. That
is a lie. It is a regular police tactic used in hope that the
accused will make a statement which can later be used against
them in Court. Whether you should speak to the police is an extremely
important and complex decision, which can only be made with the
advice of competent legal counsel. You cannot convince the police
not to arrest you.
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Do I have to give
consent for a search of my home or my Automobile?
You never are required to consent to a search
by the police. Although you may sometimes be threatened by the
thought of being detained by the police until a search warrant
is procured, you have the absolute right not to give consent.
Make it clear, and try to make it known to as many officers or
witnesses as possible.
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Do the police have
to read me my rights?
Not always. When a person is arrested, the
police are NOT required to “read you your rights.”
The reading of the “Miranda” warnings is required
ONLY when you are in police custody AND they want to question
you ABOUT THE CRIME or allegation.
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If I refuse to talk
to the police, can I be charged and taken into custody because
of my refusal to cooperate?
No. You cannot be arrested or charged simply
because you have exercised your Fifth Amendment right not to give
testimony against yourself. Many times the authorities will use
this approach to scare an individual into waiving their rights
and giving a statement out of fear that they will be placed in
jail. The police may threaten you with this, they will say anything
to get what they want. The truth is, refusing to cooperate cannot
be used against you. You should always refuse to answer questions
or explain
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