YOU MUST CLEARLY SAY "I WANT A LAWYER" and "I WANT TO REMAIN SILENT"
The lawyers at Bailey & Orozco frequently hear from their clients, that when they were being interviewed or arrested, that they did not give a statement - they just talked to the officers; - that they told the cops that they wanted a lawyer but just wanted to ask the cops a few questions; or, - that they did not want to give a statement, but that they did not tell the cops that they wanted to remain silent. In the recent case of Berghuis v. Thompkins, the U.S. Supreme Court decided that to invoke these rights, a defendant must "unambiguously" say "I want a lawyer" and "I want to remain silent". To protect your rights, say these words again and again to every person that tries to question you, "I want a lawyer" and "I want to remain silent".
DO NOT BECOME A WITNESS AGAINST YOURSELF
When you are asked to sign a police form, write these words out before you sign the form, right on the police form. "I want a lawyer" and "I want to remain silent" The Supreme Court has said that suspects and persons who are being charged must clearly state to the police that they are going to remain silent to stop an interrogation, just as they must tell police that they want a lawyer. So say and write these words every chance you get, again and again.
If you are being interviewed as a suspect, or you are being arrested, contact our office at to arrange a free consultation with one of our criminal defense lawyers.
YOUR RIGHTS IN THE CRIMINAL JUSTICE SYSTEM
One of the best known statements of an individual's rights in a criminal proceeding, is the MIRANDA WARNING. The rights listed there are familiar (although perhaps not fully understood) to generations of people who have heard them in countless police movies and television shows.
- You have the right to remain silent.
- SAY "I WANT TO BE SILENT". WRITE, "I WANT TO BE SILENT".
- Anything you say can be used against you in a court of law.
- BY BEING SILENT, THERE IS NOTHING TO BE USED AGAINST YOU.
- You have the right to talk to a lawyer and to have him present with you while you are being questioned.
- SAY "I WANT A LAWYER". WRITE, "I WANT A LAWYER".
- If you cannot afford to hire a lawyer, one will be appointed to represent you before any questioning, if you want one.
- You have the right to stop answering questions or giving a statement any time you wish, and you do not have to give a reason. You also have the right to demand a lawyer during the giving of a statement or the answering of questions and may stop until he arrives. If you cannot afford a lawyer, one will be appointed to represent you. DO NOT TRY TO EXPLAIN YOUR SIDE OF THE STORY - LEAVE THAT TO YOUR LAWYER.
Bailey & Orozco: Newark Criminal Defense Attorneys
FREE INITIAL CONSULTATION
744 Broad St, Suite 1901 Newark, NJ 07102
Office Hours: 8:30 AM - 6:00 PM Monday - Friday
Office Appointments Available 24 hours a day, 7 days a week
Call 866.919.6193 for more information or to make an appointment for a Free Initial Consultation with a criminal defense lawyer.
