I Have Been Arrested – What Do I Do Now?
If you have been arrested, what you say to the police will have a big impact on your case. The 5th Amendment to the U.S Constitution and the landmark U.S. Supreme Court case, Miranda v. Arizona, states that “you have the right to remain silent. Anything you say can and will be used against you in a court of law”. These “Miranda Rights” must be read to you if you are in police custody and the police wish to interview you. If these rights have not been read to you before a police interview, anything you said may be inadmissible in a court of law. Keep in mind that if the officer arrests you, he/she probably will not read your rights at that point. In Michigan, they only have to read your rights if they are interrogating you. Forget what you see on Law and Order.
Also, 6th Amendment and the Miranda rights entitles you to an attorney (and if you cannot afford one, one will be appointed to you by the court). Therefore, the most important thing you should do is to decline to speak with the police and specifically ask for an attorney. Once you do this, the police cannot ask you any questions and the interview must stop until your attorney can be present. You must be specific and state (here are the magic words) “I want an attorney”. The important thing to remember is not to volunteer any information to the police until you have spoken to an attorney. Anything you say voluntarily, especially if you have not been arrested, will be used against you.
If you have been arrested, call your Metro-Detroit Criminal Lawyer at (586) 439-4297, extenison 0, right away. We will discuss your case in depth and analyze the police report. We can also assess your likelihood of success and other variables, such as the prosecutor, court and judges involved.