Police officers are trained to get information out of you so it can be used against you by the prosecutor. If you have been arrested by law enforcement, here are some tips you should follow to help YMPK Law Group defend you:
- REMAIN SILENT
Once you are detained by law enforcement, you have no obligation to talk to the police. Show them your identification and remain silent. Do not try to explain yourself or justify what you were doing. The police want to pin you to a story so that when you deviate from it later, they can argue that you are lying because you are guilty.
Never make any admissions, whatever you say will be used against you. Even the smallest most insignificant fact can and will be used against you by a smart prosecutor.
- DO NOT MAKE SPONTANEOUS STATEMENTS OR ENGAGE IN CONVERSATIONS
Police officers will often engage in conversation with each other and say things on purpose to provoke a response from you. Remain strong and do not give in. Any statement you make before you are read your Miranda Rights generally cannot be excluded at this time.
- DO NOT GET AGGRESSIVE WITH OFFICERS
There is never a benefit to being uncooperative with police officers. Assert your rights, and do not be aggressive. Nothing is worse than an officer who has extra motivation to put you in the slammer.
- NEVER WAIVE YOUR MIRANDA RIGHTS
Once you have been arrested and the police begin to question you, you have a right to an attorney. They will, although sometimes do not, read you your Miranda Rights. Yes, you have heard them before in movies and TV shows. “You have a right to remain silent. Anything you say…” The first thing that comes out of your mouth is “I want my lawyer right now. I do not waive my Miranda rights.” Repeat this in response to any and all of their questions.
The police will try to persuade you to waive your right to an attorney and tell you that they are not necessary. They will tell you, “If your lawyer is here it’s going to be bad for you.” “If lawyers get involved, we will never get anywhere.” However, your right to an attorney is given to you by the United States Constitution and it can never be taken away from you. No matter how hard they try, do not give in and demand your attorney.
If at any moment you begin to engage in conversation with police officer after you have asked for an attorney or invoked your rights, the police will interpret that as a waiver of your rights and your statements may be used against you.
- ASK FOR AN ATTORNEY
“I want my lawyer right now. I do not waive my Miranda rights” should be the only words you tell the police.
- DO NOT BE SEDUCED BY THEIR FRIENDLY BEHAVIOR
Be patient! Police will do everything in their power to persuade you to talk. They are very well trained, and very good at their jobs. They do not want to be your friends; they want you to confess to make the prosecutors job easier. Do not give in to their friendly tactics. They will tell you, “We will let you go if you tell us the truth. All we want to know is what happened, tell us and we will let you go.” NEWSFLASH…..they will never let you go! They will put the handcuffs on you faster than you can finish your sentence.
- REMAIN CALM AND BE PATIENT
You will eventually be given the opportunity to make a phone call. Sometimes you can get more than one. Whoever you call, keep in mind that the phone call is being recorded. When you make the phone call, be careful what you say. Do not say things like “I am in big trouble. I screwed up. It’s my fault.” Do not make any statements that can incriminate you. Whoever you call, tell them which jail you are in, what you have been charged with, and your bail amount. Then tell them to call YMPK Law Group.
The best thing to do is call your attorney first. Tell them which jail you are in and what you are being held for. Give him your family members number and have him notify our family members. The last thing you want to do is call a family member and have a long conversation with them on a recorded jail phone.
The best criminal defense starts with you. The less you say, the less evidence they have against you. If you ever find yourself in this situation and are in need of a criminal defense attorney, remember these tips and call YMPK Law Group at (323) 999-4903.
Written by Mike Petikyan, Esq