Your Miranda Rights
Know your rights and contact a lawyer
If you are arrested, you have some valuable legal rights you should assert. You have both U.S. Constitutional rights and Connecticut Constitutional rights. You should always assert your right to an attorney. What most people do not realize is that the Miranda Rights (the right to remain silent, and not cooperate with police) only apply if a person is “in custody.” The police have a very clever way to get around the Miranda Rights each citizen carries. The police will often call a suspect on the phone, or visit him/or at their place of employment. The police will say something like, “you are not under arrest. We just want to talk to you.” You must understand that anything you say to the police, even without Miranda Warnings, will be used against you. Remember, Miranda rights only apply if you are in custody, or not free to leave. What the police do is question you before you are in custody, or under arrest so that they (the police) do not have to read you your Miranda Rights. The truth is that there is very little, if any, questioning that occurs once you have been arrested since the police already have your confession prior to the actual arrest. And because your statement, and anything else you may have said, occurred prior to arrest, Miranda Rights do not apply.
If you receive a phone call or visit from the police simply say, “I would like to talk to my lawyer first, or I will not talk to you without my lawyer.” Once they hear you say those words, they are legally obligated to stop any further questioning. There reality, however, is that they will not stop questioning you despite the legal obligation to do so. They will respond with something like, “you don’t really need a lawyer, you are not under arrest.” Do not be fooled by this. You will soon be under arrest; you just do not know it yet.
If you are called or visited by the police do not do anything until you call our office for a free consultation. You can call us 24 hours a day, 7 days a week. Under no circumstance should you talk to the police without first talking to our office.