This is a common question people have. Some have committed crimes, some are concerned about being falsely accused (such as for racial profiling or whatever reason) and others are just interested to know. For some who may be reading this, it may be too late. Perhaps you were stopped by police and already made some mistakes. Still, I would encourage you to be informed for future reference and so you know why you’re lawyer might be advising you as he/she is.
The ACLU has outlined what you should do in this handy pamphlet available in pdf for free (you can also contact the ACLU for a printed version on a pocket sized cart you can keep in your home/car). The gist of it is you should be cooperative and courteous to the police, give your identification and give basic information such as who you are and where you live. However, do not volunteer any information about the events and by all means request an attorney when arrested. You have rights, including the right to remain silent and the right to an attorney. Use them.
Sometimes, police will use trickery to obtain a confession. They may tell you that they will be easier on you if you confess or that they know you did it, so you should just admit it. This is often not the case. In many instances, an accused’s perceived confession is the strongest, if not the only, evidence used to obtain a plea or finding of guilt in court. In fact, even if you believe you have a valid defense, still do not admit to the conduct. For instance, if you are accused of assaulting someone as the result of a fight, don’t say “Sure I hit him, but he punched me first so it was self-defense.” What you believe to be a valid defense might actually not be, so wait until you consult an attorney to bring it up.
Remember, even if guilty, you still have rights. Make certain you know your rights. Do not sabotage your chances for success in court.
Any questions or comments concerning this topic? Do not hesitate to post comments or contact FreeForLaw.com via email or telephone.
