Imagine stepping into a game where the other side knows every rule, but you don’t. That’s exactly what happens when law enforcement starts asking questions. The law is meant to protect everyone, but only those who understand their rights can truly defend themselves. A police investigation can be stressful, but knowing the right moves can make all the difference. A Brooklyn criminal defense attorney can help ensure those rights are protected.
The Right to Remain Silent
The Fifth Amendment guarantees the right to remain silent. Law enforcement may try to make conversation seem casual, but anything said can be used in court. Many believe talking will make them look innocent, but even a small misstatement can create legal trouble. A simple, firm response works best: “I am exercising my right to remain silent.” After that, say nothing. Silence cannot be used as evidence of guilt.
The Right to an Attorney
No one should navigate a police investigation alone. The Sixth Amendment ensures the right to an attorney. If officers start asking questions, the best response is: “I want a lawyer.” Once this is stated, questioning must stop until legal representation is present. Law enforcement may act friendly or claim to “help” resolve the situation, but their primary goal is gathering evidence. Having an attorney ensures statements are not misunderstood or taken out of context.
The Right to Refuse Searches
The Fourth Amendment protects against unlawful searches. Officers cannot search a person, home, or car without a valid warrant or consent. If they ask for permission, that often means they lack a warrant. The best response? “I do not consent to a search.” Never physically resist, but never agree. If a search is conducted unlawfully, a defense attorney can work to get any illegally obtained evidence dismissed.
The Right to Know the Charges
If arrested, law enforcement must clearly state the charges. This prevents wrongful detainment and allows individuals to prepare a defense. If unclear, ask: “Am I being charged with a crime?” If not, ask: “Am I free to go?” If the answer is yes, leave immediately. Police cannot hold someone indefinitely without probable cause.
The Right to a Fair Process
Due process ensures law enforcement follows legal procedures. Individuals cannot be detained without formal charges, denied access to an attorney, or forced into a confession. Officers may claim they have evidence or promise a lighter sentence in exchange for cooperation. These are common pressure tactics. Do not engage. Instead, remain silent and wait for legal representation.
The Right to Record Police Interactions
Recording police in public is legal in most places and can provide crucial evidence in cases of misconduct. If recording, remain calm and do not interfere. If an officer demands the phone or asks for footage to be deleted, refuse unless a warrant is presented. This right helps keep law enforcement accountable.
What Happens If Rights Are Violated?
A violation of rights does not automatically dismiss a case, but it does provide a strong legal defense. A criminal defense attorney can challenge unlawful arrests, suppress illegally obtained evidence, and hold officers accountable. Do not argue on the scene. Instead, document everything and let a lawyer handle it in court.
Take Action Now
A police investigation can lead to life-changing consequences. Knowing your rights is the first step in protecting yourself. Stay silent. Request a lawyer. Refuse searches. Demand due process. Record interactions when possible. These rights exist for a reason—use them. If facing an investigation or an arrest, don’t wait. Contact Scott Cerbin Criminal Defense today to protect your future.
