Defense of State Crimes FAQ
What are my rights as an accused?
We could give you the technical version of Miranda v. Arizona but we've all seen enough T.V. shows to know that you have the right to remain silent; the right to an attorney and anything you say can and will be used against you in a court of law. But the police do not have to warn you of these rights unless you are in custody and they are attempting to ask you questions.
The police want me to go in for questioning. Is it a good idea to
answer questions without an attorney present? And if I ask for an
attorney, won't it look like I'm hiding something?
These are tricky questions. We all
want to cooperate with the police. But the truth is the person being
questioned is normally just an average guy. The detectives, on the
other hand, are trained in the art of interrogation. It is difficult
for anyone to stand up to grueling questioning by seasoned police
officers. A good criminal defense lawyer can protect your rights
without alienating the police.
Think about it this way, if the police want specific information
from you, wouldn't it be better if they got it from your lawyer? And
if they don't want it from your lawyer, are they really looking for
information from you or trying to get you to incriminate yourself?
If I am pulled over and a police officer asks to search my vehicle, do I have to let him?
No. The Fourth Amendment gives you the right to refuse to let the police search your vehicle or home without a warrant. Of course, there are exceptions, such as exigent circumstances. However, if the officer is asking for your permission he probably does not have enough probable cause to obtain a warrant. And if he does, he can and probably will get one even if you refuse to let him search your vehicle or home. So be polite, say no and make him get a warrant. It's your right.