The justice system can be daunting when it puts its focus on you. When a crime is reported, it can be hard to navigate being accused or suspected. And while we are all “innocent unless proven guilty,” that’s not always how suspects are treated. If you are accused, what should you do and what are your rights? Here are two basic and critically important things to do:
Don’t Say Anything
When a police officer makes an arrest, they are not required to read your Miranda warning or Miranda rights. Often times they won’t do so when making an arrest. On the flipside, they will almost always read you your rights if they intend to ask questions while you are in custody.
You should already know that “anything you say can and will be held against you in a court of law”. You should already know you have the right to a lawyer. You should already know you have the ABSOLUTE right to remain silent. And I’m here to tell you that you should exercise those rights. Don’t answer questions. Give your name and date of birth if asked. Then tell them you want to talk to a lawyer. Put it on repeat if they keep pressing.
Since you might say something incriminating, the best choice is to not say anything. Sometimes police officers come to ask you questions or request you come in for questioning without arresting you. It is always best to seek counsel and not say anything. That is true even if you feel or believe that you are not under suspicion.
Hire a Lawyer
The one exception to the “don’t say anything rule” is to let the authorities know that you want a lawyer present. Hiring a criminal defense attorney is smart and helps you avoid making serious mistakes. Police officers know it makes their jobs harder, but they also have to respect your decision. And whether they would ever admit it or not, they know it’s what you SHOULD do. Don’t be afraid to do it.
Also, if you make the mistake of begininning to answer questions, remember, you can end the interview at any time. Tell them you no longer want to continue and you wish to invoke your right to counsel immediately. If you never stop them, they can make the process almost unbearable. The pressure they apply by keeping you in a small room and staying on you is what often leads people to cave and confess. And it often leads to false confessions. Don’t make the mistake of giving them what they want to hear to end the process and deal with it later. You can end it at any time.