The mere thought of being questioned by the police can be incredibly unnerving. That is why knowing your rights in this situation can greatly help you determine what you should or should not say or do and how to best protect your rights until you have the opportunity to meet with a New York criminal defense lawyer.

The most important thing to keep in mind if you are being questioned by law enforcement is that you have the absolute right to refuse to answer questions. This right exists whether or not you have been placed under arrest. In addition, the right to remain silent exists whether you have been read your Miranda warnings or not.

Some people believe that  they are doing the right thing by complying with a request to answer questions posed by the police; they think that somehow they are required to answer questions or that answering questions can somehow get them off the hook.  But this is simply not true.  In fact, not only do you have the absolute right to refuse to answer any questions, any statements you make to the police can be used against you in a court of law. This means that even the most innocuous comment made to the police can be misinterpreted and used to hurt you in the end.  

So, what should you do if confronted by police questioning?  Simply tell the police you wish to remain silent until you have an opportunity to consult with an attorney.  If the police continue to question you, you should remain silent and refuse to answer any questions.  You may also ask the police if you are under arrest. If they answer, “no,” then politely advise them that you are leaving.  Exercising your right to remain silent gives you the chance to think things through and consult with your legal professional as quickly as possible.  Your attorney can advise you about the appropriate next steps. Julie Rendelman, a criminal defense attorney with over 20 years of experience, represents clients who have been arrested for a variety of crimes. Call 212-951-1232 for a free consultation. Visit www.RendelmanLaw.com to learn more about Ms. Rendelman.