Your Arrest Rights
By Christopher J. Cassar
When I was a criminal defense attorney in Brooklyn, people who were arrested hardly ever gave a statement to police. Here in Suffolk and Nassau counties, people give statements all the time. The police will often tell the defendant, "If you sign this statement, you can go home today. I'll tell the judge you were very good and we'll get low bail." As a result, people will sign almost anything. It's one of the biggest mistakes you can make.
You have the right, once you are taken into custody, to have an attorney present during questioning. You can refuse to answer any questions without having an attorney present. If you can't afford an attorney, have a right to a free lawyer prior to being questioned. You also have the right to remain silent. It's important to use this right if you are ever arrested or contacted by police.
Police are in the business of making arrests. When they ask you a question, they are looking for information to use against you, not to help you. The police usually have done a lot of investigation before they sit down to question someone. People may think they are giving a very innocent answer to a question. However, the answer can be twisted and turned, and all of a sudden it is used to fill a gap in the investigation.
People have confessed to crimes which according to later investigation couldn't have happened the way they confessed. We have all heard about rape convictions that have been overturned because DNA evidence did not match that of the perpetrator. In 20 percent of those cases, the person confessed.
20 years ago, the county of Suffolk had a highly publicized case where the police tricked a suspect into confessing. The suspect was an 18-year-old who was accused of murdering his adoptive parents. The suspect had no blood on him and nothing to corroborate that he was involved in the crime. During questioning, the police told him that his parents were still alive and had said their son assaulted them. After hearing this, the son confessed to the crime. Immediately afterward, he retained a lawyer and recanted his confession. Even though police admitted that they lied about the parents implicating the son, the son was convicted by a Suffolk County jury. Police tactics in the case were upheld to be acceptable police procedure in the state of New York. The son has been fighting the conviction for the past 20 years.
The Law Offices of Christopher J. Cassar, P.C.
13 East Carver Street
Huntington, NY 11743
The criminal defense attorneys of the Huntington, New York law firm of Christopher J. Cassar, P.C.represent clients throughout the New York City metro area including Manhattan, Queens, Brooklyn,the Bronx, the Hamptons, Hempstead, Mineola, Garden City, Westbury, Huntington Station, Cold Spring Harbor, Kings Park, Nassau County and Suffolk County.
Know Your Rights
Your Rights if You Are Stopped By Police
