Getting arrested can turn your world upside down in an instant. Your heart races, your mind floods with worries and you might feel pressured to explain yourself to the police.
Many New Yorkers don’t realize that talking to law enforcement without a lawyer present can seriously harm their case. Officers often use psychological tactics to get suspects talking, like pretending to be your friend or claiming they just want to “clear things up.”
Your right to remain silent
Police can and will use anything you say against you in court. The law allows them to lie or mislead you about evidence, make false promises about helping you if you confess or try to wear you down through prolonged questioning.
They can even try to use your silence or body language against you. While police can lie to you, they can’t make false statements to your attorney. That’s why you should clearly state that you want a lawyer and won’t answer questions without one present.
Understanding Miranda rights
You’ve probably heard Miranda rights read in movies and TV cop shows, but they carry real power in protecting you. When police arrest you, they must tell you:
- You have the right to remain silent
- Anything you say can be used against you
- You have the right to an attorney
- If you can’t afford a lawyer, the court will appoint one
If officers fail to inform you, violating your civil rights could lead to a dismissal of charges.
How to express your rights
When invoking your right to silence, use clear, unambiguous language. Don’t say something like, “Maybe I should get a lawyer,” which leaves the door open for police. You can state your demand in several ways as long as your intent is clear. This can include:
- “I am exercising my right to remain silent.”
- “I want to speak with my attorney before answering questions.”
- “I will not answer any questions without my lawyer present.”
Once you inform investigators, they must immediately cease all questioning until your lawyer is present.
Why you need a lawyer first
Speaking to police without legal counsel is like walking into a minefield blindfolded. A skilled criminal defense attorney can protect you from self-incrimination, ensure police follow proper procedures and guide you on which questions to answer.
Your lawyer becomes your shield against a system designed to convict. Asserting your rights isn’t about hiding guilt – it’s about protecting yourself in a complex legal system where even innocent words can have serious consequences. An experienced attorney can guide you through our intimidating justice system to protect your rights and future.