In many cases, the arresting officer will attempt to elicit incriminating statements from you.
An officer may try to accomplish this by intimidating the arrestee. Or, he may falsely explain to the person arrested how the punishment will be lighter, how a jury will look upon him more favorably or how it is perfectly understandable that a person could have committed the particular crime.
This will all be done to induce the arrestee to make a statement that could be used against them.
It will never be to your advantage to make an incriminating statement. You have the right to remain silent. Make sure you use it. If you are suspected of any crime, you are never under a duty to make a statement to a police officer.
When a police officer begins to ask questions hoping to get an incriminating response, immediately state that you want to speak to an attorney.
By law, the police officer is then required to cease his investigation and he can no longer ask any questions other than for basic information such as your name and date of birth.
You Have the Right to Be Free From Unreasonable Searches
Whether you are on foot or in your car, if a police officer requests permission to search either you or your vehicle, politely but firmly tell him NO.
You are not required to give permission for a search. In certain situations, the officer may proceed with a search despite your refusal to give him permission to do so.
If the officer conducts a search without probable cause, the evidence may be excluded at the trial level resulting in the dismissal of any criminal charges against you.
If you consent, you will have waived any right to later contest the legality of the search.
You Have the Right to Consult With an Attorney
The choice of an attorney is a very personal matter. I offer FREE office consultations, flat-rate, fees and flexible payment plans.
Whether it is with this office or thru the office of another attorney, be certain that you are comfortable with the attorney and his or her qualifications before you make your decision to retain them.