Being arrested is traumatic and emotional. It is also the time when someone can do serious damage to their own future prospects and legal case. Many people say things that they really regret later.
U.S. citizens are guaranteed many very important rights by the Constitution and the Bill of Rights. The Miranda Warning must be read to anyone who has been arrested, but it’s not always fully understood.
Get a Lawyer
Everyone who has been arrested for a crime has the absolute and constitutionally guaranteed right to a lawyer. The law is complex; even attorneys who get in trouble know that they need a lawyer on their side. A criminal attorney in Carmel, NY understands the law and the process.
It is critical that the request for an attorney is made immediately; if possible, ask for a lawyer in front of witnesses. This request prohibits the police from asking questions until the attorney is present. If the police do continue to interrogate someone who is waiting for an attorney, their rights have been violated. This is very important to remember.
Don’t Answer Questions Without Your Lawyer Present
When the officer reads that, “anything you say will be used against you,” that is absolutely true; many people are sitting in a cell right now because of something that they said when they were arrested. Pleading innocence will not do any good because if the officer has a warrant for the arrest, that warrant will not be canceled by a protestation of innocence. If the arrest was made because the officer believes that a crime has just been committed, it is very unlikely that something can be said to change his or her mind. Many things could be said that would be used later before the judge and jury. Almost anything can be misinterpreted to sound bad, which is why it is far better to remain cool and quiet while you wait for your attorney. An accused person has other valuable rights, but getting a lawyer and remaining silent are the most important when newly arrested. The attorney’s job is to help to protect all of the rights of the accused.
Anyone who really needs an experienced criminal attorney in Carmel, NY should contact Spain & Spain PC. These highly skilled attorneys have more than 50 years of experience – and there’s no substitute for experience. They will be by your side, fighting for your rights.
