Frequently Asked Questions - lawyer
No. If you're arrested you have the right to remain silent and to see an attorney.
If you're arrested, don't rely on police to inform you of your right to remain silent and see a lawyer. Use the magic words "I'm going to remain silent. I would like to see a lawyer." If police persist in questioning you, repeat the magic words. The magic words are like a legal condom. They're your best protection if you're under arrest.
Remember that anything you say can and will be used against you in court. So don't try to talk yourself out of the situation, and don't make small talk with police either.
If you are innocent, it is especially important not to talk to the police until you have a lawyer. Our prisons are full of people who claim they are innocent, and many of those people are actually telling the truth.
To learn more, watch the famous "Never Talk to the Police" lecture by Regent University Law School Professor James Duane. It's followed up by an equally compelling lecture by Officer George Bruch who talks about how he successfully interrogates suspects.
Unfortunately police sometimes search you even if you refuse consent. If they find anything illegal and you're arrested, you’ll have to get a lawyer and fight it out in court.
If the officer convinces the judge that there was probable cause to search without your consent, then the evidence will be admissible in court. If your lawyer convinces the judge that there was no probable cause, then the evidence will be thrown out and your charges will be dismissed.
Every case is unique, so it’s hard for us to tell you how good your chances are in your particular case. Your attorney should be able to tell you what to expect from the judges in your area.
If you're searched illegally and nothing is found, you may consider taking legal action or at least filing a complaint. Local attorneys, as well as your local ACLU and NAACP chapters may be able to help you.
(See "How to Deal with Police Misconduct")
