You’ve been accused of a crime!
It happens. You are accused of a criminal law violation – what do you do? Unless this a common occurrence, you may be inclined to try to deal with the problem on your own (at least at first). This is never a good idea, and you may be painting yourself into a corner before you are even aware of the consequences.
Our Constitution grants us all certain rights, one is the right to remain silent. This is not a joke or out of date right, you do not have to discuss an alleged crime with anyone. It is often the case that the officer will try to make you think you are doing something wrong if you choose to exercise this right. It is also often the case that the officer will act like a friend and casually have a “conversation” with you. Just because the circumstances of the interview or arrest seem innocent, does not mean that everything you say will not be used against you later.
I often hear from people accused of a DUI say that the arresting officer read them their rights, then later started asking questions and requesting that the accused take “voluntary” sobriety tests. You should cooperate with your name, license, proof of insurance, but if you admit to drinking, taking non-prescribed medication, etc. I can assure you that this information will be used against you. I am not suggesting you lie, only that you make use of your legal rights.
You also have the right to speak with an attorney if you are arrested. Many people do not ask to speak with an attorney because it is late at night, they don’t know an attorney, or they just don’t think about it. The fact is, once you are informed of your constitutional rights, that is all the officer needs to tell you about your right to an attorney. Before you agree to any tests or make any statements, ask to speak with an attorney. Every police department I know of has access to an attorney 24/7. You have the right to a private conversation with this person, and the advice you receive can be critical to your defense.
You are doing nothing wrong when you insist on your rights being observed. Our founding fathers believed that these rights were important enough to memorialize in our Bill of Rights – use them!
