Being the subject of a criminal investigation is stressful to say the least. You may be completely innocent and still feel the intensity of the spotlight. That’s because law enforcement officers are trained to ask questions in a way that might cause you to slip up.
You don’t have to reveal information you don’t want to divulge. Many people make the mistake of believing that just because they have nothing to hide, they can say whatever they want. This assumption is definitely dangerous.
That is exactly why it is important to understand your rights as that will protect you against mistakes that are bound to affect your freedom and reputation in the long term. There are four main rights you must know about and each of those rights play a very important role during an investigation.
The Right to Remain Silent
The Fifth Amendment to the United States Constitution grants everyone the right against self-incrimination. You might recognize this by the phrase “the right to remain silent” (made popular through the Miranda warning).
Most people fail to realize that this right isn’t just for those who are guilty but for anyone who has been accused of a crime they may or may not have committed (innocent until proven guilty).
When someone in law enforcement questions you, your answers, no matter how harmless they seem, can be taken out of context and presented differently in court. For instance, if you are asked where you were at a certain time and you hesitate or change small details later in court the investigator might categorize that as dishonesty.
Exercising this right means you calmly state that you wish to remain silent until you have consulted with an NYC criminal attorney. It is by no means rude and it doesn’t put you at a greater danger of being incriminated.
The Right to Legal Counsel
Along with the right to remain silent you also have the right to an attorney. This is guaranteed by the Sixth Amendment. It ensures you have proper legal support when you are trying to understand the charges as well as challenge them. Once you request a lawyer the law enforcement officer is legally obliged to stop all questioning till your lawyer is present.
Investigators can very skillfully use psychological tactics such as offering false assurances to make you confess or say something that can be held against you in court. With legal counsel, you have an advisor telling you what you can and cannot say, ensuring you understand how each answer will affect you in court.
Even if you are confident in your innocence, don’t shy away from lawyer support. If nothing else, they can at least ensure you do not jeopardize your case.
Protection Against Unreasonable Searches and Seizures
The Fourth Amendment protects individuals from searches and seizures that lack probable cause or a valid warrant. Most people, when confronted by a police officer who asks to “take a quick look” through their car, home, or phone, agree so they can appear cooperative.
Consenting to this search means you cannot challenge it later in court. An officer might search your vehicle and if they find something unrelated to the investigation (for example prescription without the bottle) this could lead to new charges.
Simply state that you do not consent to a search. This way you can contest an unlawful search in court which significantly limits the scope of the investigation.
The Right to Due Process
The Constitution grants everyone the right to due process. You cannot be deprived of liberty without a fair procedure, a notice of charges, and an opportunity to defend yourself. You are innocent until proven guilty and you have your right to a fair trial.
Once you start learning more about your rights it gives you the confidence to speak up during an encounter with the police. If investigators are vague about why they are questioning you or what you are accused of you have the authority to request specific details. This allows you to keep the procedure transparent for yourself and understand the stakes.
Common Mistakes to Avoid
While knowing your rights is important, you must also know how to exercise them. Avoid the following mistakes;
- Talking too much or overexplaining out of fear or a desire to appear cooperative.
- Consenting to a search without considering the consequences.
- Online evidence on social media and any digital evidence that can incriminate you.
- Failing to seek legal advice early on in the process.
The last one is the most common mistake and it arises from the myth that hiring a lawyer makes you appear guilty. On the contrary, it shows that you are taking the situation seriously. Lawyers will defend you in court and guide you through the entire investigation, so don’t back away from their support.
Final Thoughts
Protection of your legal rights doesn’t equate to obstruction of justice. You only need to ensure that justice is being carried out in a way that is fair to you. The system is designed to investigate, charge, and prosecute. Make sure you know your rights and exercise them confidently to prevent any unfair sentencing.
William Gall is a seasoned attorney specializing in civil litigation and family law. With a legal career spanning over two decades, William has built a reputation for his meticulous attention to detail and his unwavering commitment to justice. In addition to practicing law, he is a prolific writer, contributing regularly to various legal blogs where he shares his insights on current legal trends, case law, and best practices. His articles are well-regarded in the legal community for their thorough research and practical advice, making complex legal concepts accessible to both legal professionals and the general public.