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Legal Rights When Encountering the Police

It is important for everyone to know what are their legal rights when encountering the police. Criminal Defense Attorney Briana Robertson give helpful tips on these legal rights that have been heard by everyone at one time or another. It is important to know what they are, what they mean, and also how to invoke these rights if you find yourself having an encounter with a police officer. More often times than not, Criminal Defense Attorney Briana Robertson has found that people do not understand these rights and therefore find themselves giving too much information to the police. In turn, it causes them more issues and makes it more difficult for their attorney to fight for them if their case is taken to court. Understanding the following rights is essential in protecting yourself from a violation of rights when encountering the police. You will want to be sure you exercise these rights if you ever find yourself encountering the police, this will help your criminal defense attorney to better represent you and fight your case if it ends up in court.

You Have the Right to Remain Silent

Do NOT talk to the police. You have the right to remain silent, everything you say can and will be used against you in a court of law. This means you do not have to speak to the police, not a single word, because any words you do speak can and will be used against you. However, they can NOT use your silence against you, this is your right. Meaning the police nor the court can use your silence against you or try to say it is a sign of guilt, that is illegal and they cannot do this. Everything You Say Can and Will Be Used Against You in a Court of Law

This means the moment you start speaking to the police everything you say is NOT going to help you. The police are not looking to help you when they are questioning you, they are looking to incriminate you. Not a single word you say to the police is going to work to your benefit. What they are telling you with this right is that anything you say to them they are going to use against you in a court of law to make you look guilty. This is why the first right is so important– you have the right to remain silent and criminal defense attorney Briana Robertson highly suggests you always remain silent when encountering the police. Police do not question people to prove their innocence they question you because they are seeking out evidence to prove you are guilty of whatever crime they are investigating you for. Speaking to the police is NEVER a good idea.

You Have the Right to an Attorney Prior to Any Questioning

This means you have the right to have a criminal defense attorney present prior to and during any questioning by the police. It is your right to talk to an attorney before speaking with the police, you have the right to ask your attorney if you should talk to the police or not. Any experienced and knowledgeable criminal defense attorney will not instruct you to speak to the police, they will tell you to exercise your right to remain silent. There are very few, rare cases in that an attorney would tell you to go ahead and speak with the police. If the police are questioning you, you have the right to have your attorney right there with you and present while the police are questioning you. You never have to be alone in the room with the police when they are questioning you it is always your right to have an attorney present with you. Generally speaking, if you are being questioned by the police and you inform them that you do not wish to speak with them or answer any questions until your attorney is present, this is where the questioning stops.

If You Can Not Afford an Attorney One Will be Appointed for You.

This simply means that if you cannot afford an attorney then a public defender will be appointed to you. Usually, if you ask for an attorney and inform them you cannot afford one and will need a public defender generally the police stop questioning. However, if they wish to continue to question you they will appoint a public defender to be present during the questioning.

You Do Not Have to Consent To Being Searched

This does not mean that the police won’t pat you down to ensure you have no weapons on your person for their safety the police have that right. However, it does mean that you can tell them that you do NOT consent to any searches and if they search your belongings anyways without your consent, you have now laid the groundwork for your attorney to get any evidence thrown out as illegally obtained. This is why it is highly suggested you do not consent to any searches, you do not sign anything from the police saying you consent to anything, and also do not let any police officer into your home to search your home. If the police want to search anything make them go get a search warrant in order to do so.

These rights are all in place to protect you from encounters with the police. It is very important you know them, what they mean, and how to invoke these rights should you find yourself in a situation with a police encounter. Police are not your friend, they are not there to help you, and it’s essential to remember that if you are ever in an encounter with the police. Know your rights and exercise your rights, it could end up saving your life someday. If you or a loved one is in need of legal representation from a criminal defense attorney Briana Robertson is here to help you.


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