Know Your Rights When Approached By Police

With extensive criminal law experience and a roster of former prosecutors, Sivin, Miller & Roche LLP , is ideally equipped to help you navigate the pitfalls of a criminal investigation. Here are some critical points to understand about your rights:

You have the right to remain silent, and you have the right to have an attorney present.

• If you choose to refuse to answer questions, it cannot be used against you, and it will not imply that you have something to hide.
• You have the right to have a lawyer present when you speak to law enforcement.
• Your lawyer can act as a buffer between you and law enforcement.
• Your lawyer can set the scope of the questions you will be answering.
• Your lawyer can limit the questions you will be asked.
• Your lawyer can schedule the time and place of the interview.
• Your lawyer will protect your rights.

If you choose to speak with law enforcement agents, you must never lie to them.

• You cannot lie, make a false statement or provide false information to federal law enforcement agents.
• If you lie, make a false statement or provide false information to federal law enforcement agents, you can be arrested and punished with jail time.
• Leaving out pertinent information, or making a material omission, to federal law enforcement agents may also result in you being arrested and punished with jail time.

You don’t have to allow law enforcement agents to enter your home, unless they have a warrant.

• If law enforcement agents knock on your door and do not have a warrant, you don’t have to let them in.
• If law enforcement agents do have a warrant, you can ask to see it and read it.
• Law enforcement agents can only search the specific areas mentioned on the warrant, unless you give them consent to search other locations.
• You don’t have to consent to searches.
• You don’t have to answer questions during a search, and you have a right to have an attorney present if you decide to answer questions.

The best way to protect yourself is to have an attorney present when you speak to law enforcement.

• If you choose to answer questions and would like to have an attorney on your side, always politely and repeatedly request for your attorney to be present.
• The lawyers at Sivin, Miller & Roche LLP , are highly experienced advocates who will help you if you are approached by the police in New York City. Call us at 800-836-3152 day or night, or send us an email. We will diligently protect your rights and interests.