“You Have the Right To…”
An attorney! No matter how serious the charges you face, you do not forfeit your rights; the presumption of innocence remains in effect, and you are entitled to a zealous defense. As a matter of fact, the more serious the charges, the more you need a criminal defense attorney who will protect your rights and mount a zealous defense.
Remain Silent
All criminal defense attorneys very strongly recommend, from the very first minute the police interrogate you, to protect your Fifth Amendment rights. Say nothing that will incriminate you; if you feel yourself on the brink of saying something that may hurt you, say, “I plead the Fifth,” instead. The police do not have to advise you of your rights until they officially place you under arrest and they may detain you for up to twenty-four hours before they must charge or release you. Whether or not you receive the “Miranda warning,” though, all of your rights are 100% guaranteed, and you have every good reason to exercise them.
Keep in mind, however, the caution about remaining silent goes two ways: No, you should not disclose anything to the police; neither should you say anything to antagonize them or anything they might misinterpret. Even if you’re the funniest guy in your entire class, this is not a good time to rehearse your stand up act. In general, stay aware that you have the right to remain silent and you really ought to use it until your attorney arrives.
The One They Never Repeat on Television
All your favorite crime dramas have taught you the first three Miranda warnings, but they generally fast forward right over the fourth: you are entitled to your one telephone call and you should request an opportunity to exercise this right as soon as possible after your arrest. You face a tough choice: If you call your attorney first and then tell the police your attorney is on her way, they cannot question you until she arrives. If you call your family first, asking them to call your attorney, you still may claim counsel is in-bound, but it may not have the same binding force. Whatever you choose, make sure that one call includes a request for a skilled, experienced attorney.
Whatever the charges, protect your rights and preserve your liberty: Call a criminal defense attorney!
