Know Your Rights
General Advice
- Do not talk to anyone about your case, other than your attorney or Public Defender staff.
- Anyone else may later be forced to testify against you. This includes family and friends. Ask family and friends to respect this advice.
- If you are in jail: Do not talk about your case on the jail telephone. All phone calls in jail are recorded and listened to. Do not speak to any other inmates. Any conversations you have can be used against you in court.
- All mail that leaves or enters the jail is opened and read. If you write a letter to your attorney, write the words “Attorney-Client Mail” on the envelope.
- If you are detained in a crime investigation, state clearly that you want to have an attorney present before and during any questioning. If law enforcement continues to question you after your request an attorney, repeat your request for an attorney.
What to do if you are contacted by law enforcement.
You do not have to answer any questions.
What to say
“Am I free to go, officer?”
If You Are Detained
Your Rights
You have the right to refuse any searches of your person and property.
You have the right to remain silent.
What to Say
“I do not consent to this search.” You must be 100% clear about this. Saying things like “I don’t think it is necessary” is not enough. You have to be completely clear about not consenting to the search. They may search anyway. They may have probable cause for the search and not need your consent. These are things to discuss with your attorney later. Do not obstruct or resist. If the search is not justified, the proper time to challenge it is later.
“I am going to remain silent.” Again, you must be 100% clear about this. And you must remain consistent. If you willingly give a statement later, even after initially saying you would not, it may still be admissible against you.
If You Are Arrested
If law enforcement is going to arrest you, they are going to arrest you. That is not the time or place to challenge their actions. Resisting or obstructing will only make your situation worse. If you believe you were wrongfully arrested, discuss the matter with your attorney. The legal standard to make an arrest is much lower than the standard to convict someone of that crime. You may feel you were wrongly arrested, and you may be right, but resisting or obstructing is not the right way to challenge that. There are times when people have been found not guilty of the charge they were arrested for, but guilty of things like resisting, obstructing, or assault of an officer. You cannot control their actions, but you can control yours!
Your Rights
You have the right to remain silent and the right to have a lawyer.
What to Say
“I am going to remain silent. I want to talk to a lawyer.”
Do
Know your rights
Stay calm
Be observant
Be respectful
Don’t
Resist
Argue, curse, or yell
Run from the police
Negotiate