If you are under arrest, you better know your rights
Posted January 22nd, 2014 by Anthony Carbone, PC.
Categories: Criminal Defense.
If you watched any movies or TV shows, you know that one of the first things the police does after arresting you is read you your Miranda warnings. This is definitely a case of art reflecting life; if you are arrested, before the police can interrogate you, you must be informed of your rights, which are:
- The right to stay silent
- A reminder that whatever they say in police custody can be used against them
- That they have the right to representation by a lawyer
- That a lawyer will be provided in case they cannot afford one
- And they can stop the interview with the police any time they want
The reason why is because the prosecution cannot use your silence as an admission of guilt. However, be aware that unless you are arrested, the police may not read you your rights. For instead, let’s say the police are questioning you about a drug deal close to your home. They feel you were involved but since they have don’t have any evidence for you, they can’t arrest you. Since you are not in custody, they don’t have to read you your rights.
Be aware that in order to invoke your right to silence, you must state that you are doing so. Just staying silent does not mean you are using your right. You need to state it to the police.
Have you been arrested for a criminal defense? Jersey City criminal defense lawyer Anthony Carbone is prepared to fight for you! Contact us today for a free consultation.