In New York, any encounter with the police can be stressful. Things can quickly go wrong during the arrest, especially when your fate may depend on the individual that is arresting you. So staying calm and silent is the best strategy. If you believe your rights were violated during an arrest, please reach out to New York civil rights lawyer David S. Leigh. All consultations are free – call now (212) 843-0907.
What Are Your Miranda Rights?
The law guarantees that you have civil rights even if you are suspected of committing a crime. When stopped in public or pulled over by NY police do not panic. Remember, you have the right to silence and the right to a lawyer. These constitutional rights are known as Miranda rights. They will help to protect you from self-incrimination during the arrest.
The Miranda rights include the following:
- The person has the right to remain silent and refuse to answer questions
- The police can use anything said by the person against them in a court
- The person has the right to a lawyer
- In case of being unable to pay for a lawyer, the person will have a government-appointed free attorney
If this is an arrest and the police officer starts questioning you at the spot the best strategy is to keep silent. Moreover, the law specifically requires police officers to read you the Miranda rights before interrogation.
In some cases, the officer might still ask you to give your name and answer basic questions. Once you provide the basic information use your right to stay silent and do not provide any further information. Law enforcement can record the conversation and your answers might be used as evidence against you.
When Should Police Read The Miranda Rights?
The police officers are not obliged to read the Miranda rights during the arrest, only before the start of questioning.
To execute this right you must say out loud that you wish to remain silent and request an attorney. Do not give any further explanation until your civil rights lawyer arrives.
The officer may check if you understood the warnings and can ask you to confirm that you are aware of your rights.
If you were interrogated without the full explanation of your rights, law enforcement may not be able to use the received evidence later in court.
What Else Should You Do During The Arrest?
If you are arrested do not resist, interfere with the officers or try to escape. Keep your hands so that the police can see them at all times.
You have the right not to sign any documents or make any decisions without your attorney. Once detained you have the right to a local phone call. The officer has no right to listen to your conversation if you are contacting your lawyer.
If you or someone you know has been arrested, schedule a free consultation today! Contact David S. Leigh, a seasoned New York civil rights lawyer from the Law Office of David S. Leigh, P.C. We’ll work hard to make sure your rights are protected.