1. The right to remain silent.

Ask anyone what their constitutional rights are when arrested, and most will know they have the “right to remain silent.” While most people are aware of this right, very few of those that are arrested take advantage of this right.

You may want to do whatever is necessary to put the terrible experience of being arrested behind you.  You may feel compelled to tell the police what you think might enable you to be free from going to jail.  We understand this desire, however, this is the moment at which you are vulnerable. Your guard is down.

If you are arrested, the police will advise you of your Miranda rights and ask if you understand them. They will then attempt to speak to you about the event which resulted in your arrest. Miranda warnings were established by the United States Supreme Court for a reason. It is a rule that was created, and applicable to every police department in the Country, from the largest cities to the smallest towns for YOUR protection.

Never, ever, under any circumstance, speak with the police after you have been read your Miranda rights.

Any deal, promise or concession that the police are offering to you if you speak to them can and should be done through your attorney. This helps to ensure that you do not say anything that may harm your case.

A lawyer can ensure that any deal, if it exists, is properly prepared so that you are protected. You must always remember that silence, your refusal to speak to police, is one small piece of your dignity that you can vigorously hold onto while you are custody. It is a strong ally in the battle for your freedom.

Invoking your Right to Silence will allow you to regain your composure and overcome the initial shock and disbelief that overcomes many when they are arrested. You will prevent yourself from saying anything which may harm your case.

2. The right to speak to an attorney.

Immediately upon arrest, ask to speak to an attorney!  Once you request an attorney, the police are not permitted to question you regarding your arrest and the facts and circumstances that surrounded your arrest or detention.  This does not mean they won’t attempt to do so. If they do attempt to speak with you after arrest, ask again to speak to your attorney.

Some who are arrested may feel they have not done anything wrong.  Some feel that they don’t have anything to hide and that if they don't talk to police, the police will believe that they have done what they are accused or suspected of doing. These are not good reasons to speak to the police. If you have been arrested, the police already believe you’ve committed a crime. It is perhaps more important to speak to an attorney if you’ve done absolutely nothing wrong. Think about it, that is when the counsel of an attorney will be most valuable.

However, the law is a complicated maze that even the most seasoned attorneys have difficulty understanding.  It is a web that will often ensnare the unsuspecting individual not aware of the finer points of the law.  Unfortunately, it is quite often this lack of knowledge of the law which will cause the arrested person to foolishly speak with the police.

The Supreme Court believed that when a person has been arrested there is a real danger that a person will forfeit their Fifth Amendment Right not to incriminate themselves. The Court believed that the presence of Police, the handcuffs, the fear of jail, the entire experience of being arrested would be so overwhelming that the ordinary person would say what ever was necessary to avoid this experience.

It is for this reason that you should request to speak to an attorney after being read your Miranda rights. Remember, the police ALREADY believe that you are a criminal if they have arrested you. It is not the job of a police officer to determine guilt or innocence.  Nor is it the job of the Police to feel any sympathy for you. The role of the police is to enforce the law and investigate. The police have experience in dealing with criminals. You, presumably, do not have experience in dealing with police. Always speak with an attorney who will have this experience and be able to advise you accordingly.