Know Your Rights, and Let Us Help You Exercise Them

 

People enter the criminal justice system when they least expect it. It can be a very difficult and intimidating time when you are first contacted or apprehended by police. People may make bad decisions, thinking that they can "talk their way out of it."

 

It is important to remember that you have state and federal constitutional rights. They are there for a reason, and most times, it benefits you to use them. It is also important to be cooperative with the officers and follow any commands, for everyone's safety and so that you do not get additional charges. If the command was unlawful, it will be my job to show that in court.

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It is important to remember that each circumstance is different, and that these principles are general.  This should not be taken as legal advice, as true legal advice requires us to look at the facts and circumstances of your situation.  Nor does it create an attorney/client relationship (you can do that by contacting us!).  These can be important reminders of your rights in a general sense, but are attorney advertising.

 

Right to Remain Silent

 

Rooted in the Fifth Amendment to the United States Constitution, this is perhaps the most important constitutional right you have. When you go to trial, provided they acted lawfully, the police will be allowed to tell the Judge or jury anything you said. Sometimes, you may think that you are helping yourself by talking to the police, but that is rarely the case. We've all heard of the Miranda warnings--"You have a right to remain silent, anything you say can and will be used against you in a court of law..." There is a reason the police have to read those warnings before they question someone who is in custody: because the Supreme Court recognized just how important the right to remain silent is to people who are accused of crimes.

 

This is because you cannot come up with our defense on the side of the road or in the heat of the moment. Developing a defense theory takes time, effort, training, and experience. Even more importantly, we cannot come up with a theory of defense until we see what evidence the government has. Making statements during the arrest process can kill our defense before it even starts. Be respectful, be polite, but in most cases, decline to answer questions about the accusations.

 

Right to Counsel

 

We all know that you have a right to be represented by counsel in court. However, you are also entitled to an attorney at any beginning stage of an investigation, especially during police questioning. To you, this police interaction is a catastrophic and stressful event. But to your attorney, it is another day at the office. Your attorney can make decisions calmly and carefully, and with the knowledge of what is coming next.

 

If you are in a situation, again, be cooperative, respectful, and polite. But also state that you would like the services of an attorney. Call me at any time and I will advise you what to do.

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Right to be Free from Unreasonable Searches and Seizures

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The 4th Amendment to the U.S. Constitution and Article I, Section 12 of the New York State Constitution protect you from unlawful searches and seizures. The police need a certain level of suspicion before they take certain actions.

 

However, if you consent to a search, the police do not need the same level of suspicion. In most cases, it will not benefit you to consent to the police searching your property, whether it is your vehicle, your home, or your person. Again, you should be polite and cooperative, and just tell the officer that you do not consent to any search.

 

If the police search you anyway, the time to fight that is not at the scene, but rather in the courtroom. If you are accused of a crime, you can move to suppress from use at trial any evidence that was taken as a result of unlawful police conduct. Having taught this area of law for years and litigated countless cases involving searches, I can move to suppress the evidence and we can have a hearing on whether the police conduct was lawful. If the Judge finds the conduct unlawful, the prosecution will not be allowed to use that evidence at trial, which can seriously harm their case or even result in a dismissal of the charges.

 

Right to a Trial by Jury

 

I must admit that this is my favorite part of my job, the jury trial. In our country, anyone accused of a crime is entitled to a trial, and for most charges, a trial by a jury of his or her peers.

 

We start analyzing your case for trial the second you walk in the door. That is because we cannot evaluate any plea deal or plea offer without first analyzing what is likely to happen if we go to trial. Sometimes, a reduced plea or a non-jail sentence will be your best option. But sometimes, it is better to go to trial and hold the Government to their standard of proof. You cannot be convicted unless a jury unanimously finds that the Government has proven its case beyond a reasonable doubt.

 

If a trial is your best option, I will be prepared and eager to put my experience to work for you.  My track record at trial speaks for itself.  If a trial is not your best option, we will explain why and will pursue all other avenues for success, or mitigation at the very least.