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Question: If the police or FBI want to
question me, what should I do? If they ask me to come
down to the police station to answer a few questions, do
I have to go?
Answer: Many people believe they can talk
their way out of a problem. They think that if they can
just explain their side of the story to the police, they
won’t be arrested or may be charged with something less
serious or better yet, won’t be charged with a crime at
all.
While there are two sides to every story or event, this
is not the time to tell yours. It will almost never help
you to talk to the police or make a written statement.
In fact, it will end up hurting you. Chances are, by the
time the police or FBI contact you, they have already
made the decision to arrest you. So if they can get you
talking, that’s just more evidence they will use against
you later on.
So if the police ask, don’t go. Ask for the police
officer’s name and phone number and tell them, politely,
that you will have a lawyer contact them. Let your
lawyer do all the talking with the police.
Question: What if the police get upset
with me when I tell them I am calling a lawyer and am
not coming to the precinct and do not want to talk to
them?
Answer: The police will often tell you
things will go much better for you if cooperate with
them. Don’t you believe it. They will say things like
“we just want you to explain to us what happened in your
own words” or “ we’d like to hear your side of the
story” or they need your help to “straighten out a small
problem”. The truth is, if the police have little
evidence against you, your own words may end up giving
them what they need to make an arrest. Again, politely
but firmly tell the police that your lawyer will contact
them. Then hang up the phone and call a lawyer.
Question: I allowed myself to be
questioned by the police, but I think they lied to me in
order to get me to say certain things. Is that legal?
Answer: Yes. The police are legally
permitted to lie and mislead you when questioning you.
They may tell you that they have evidence linking you to
a crime (like fingerprints or eyewitnesses) when they do
not. This is all the more reason why you should never
allow yourself to be interrogated by the police.
Question: When the police questioned
me, I told them some things that were not true. Since
the police can lie to me, can’t I lie to them?
Answer: No, you cannot. And lying to the
police is never a good idea. It will only make you look
guilty. You can also be charged with a separate crime
(in federal court, obstruction of justice) just for
lying to the authorities, whether you did anything wrong
in the first place or not.
Question: If I am arrested by the
police or FBI, what should I do?
Answer: Don’t talk to the police or answer
their questions; do not volunteer any information. Do
not get talkative or chatty with the people arresting
you. You should only answer background questions, like
you name, date of birth, and address. You should allow
yourself to be photographed and fingerprinted; if you
refuse, it will delay your release from custody. Be
polite and courteous at all times. Ask to call a family
member or friend. If you are allowed to make a phone
call, simply tell the person where you are and ask them
to arrange to have a lawyer represent you.
Question: I was arrested but the police
never read me my Miranda rights (“You have the right to
remain silent,…etc.) Does that mean that the arrest and
charges will be dropped?
Answer: No. If the police don’t read you
your Miranda rights before they question you, that does
not mean your case will be dismissed. It only means your
statements may not be used against you in court.
However, the police might claim that you spoke to them
voluntarily, in which case Miranda rights are
unnecessary. Again, never speak to the police about the
incident for which you are being arrested.
Question: How long will it be before I
see a judge?
Answer: In Manhattan, it will be take, on
average, 24-30 hours from the moment you are arrested to
the time you first see a judge. A private lawyer may be
able to shorten this length of time for you. If you do
not have a private lawyer at the arraignment process
(the first appearance before a judge, when bail is set),
do not plead guilty to anything!
Ask for a business card from the Legal Aid Attorney and
contact a private attorney as soon as possible.
Question: If the police come to my
door, do I have to let them in?
Answer: You do not have to let them in unless they have
a search warrant. You don’t even have to open the door
when the police knock. If they say they have a warrant,
ask them to slip it under the door. If they do not have
a warrant, ask them to slip a business card under the
door and tell them you will have your lawyer contact
them. But be careful. If the police determine that they
have “exigent circumstances” (an emergency) and think
that you are hiding someone, or have guns or drugs in
the house, or that you might flee, they can legally
break your door down or enter your home forcefully. They
may or may not give you warning. If this happens, step
aside, be respectful and say nothing.
Question: Do I have to let the police
search my car or person if they ask?
Answer: No. Do not consent to a search of
your car or your person. If the police search anyway,
your lawyer may be able suppress (have thrown out) the
evidence recovered during that search. But if you give
your consent, the police will claim that the search was
voluntary and you will not be able to have the evidence
suppressed.
Question: I had a case ten years ago
that I never came back to court on. Can a lawyer go into
court for me and get the case cleared up?
Answer: No matter how long it’s been, if
you did not go back to court when you were supposed to,
chances are that there is still an outstanding warrant
for your arrest. The best thing to do is to return to
court with a lawyer and have the arrest warrant vacated
(removed). A lawyer cannot do this without you being
present. Then, the prosecutors will determine whether
the case can still go forward and how serious the
original charges were. You may have to be fingerprinted.
You will probably have to come back to court more than
once. A qualified lawyer will probably be able to
ultimately have the case dismissed and sealed.
Question: My case is proceeding
forward, but the prosecutor is not making me a plea
offer. Don’t I have a right to plea bargain?
Answer: No, you do not. While many cases
do end in a plea bargain, that is, a deal where you
agree to plead guilty to a lesser charge in exchange for
less or no jail time, not all do. The decision of
whether or not to offer someone a plea bargain is
entirely the prosecutors. This is why it’s important,
when push comes to shove, that you have an experienced
trial lawyer that is not afraid to try your case before
a jury if need be. Often, the best way for your lawyer
to get a good plea offer for you is if he has a
reputation of not shying away from trying difficult
cases. If your lawyer has a track record of trying cases
with success he can negotiate for you from a position of
strength.
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