161 lines
10 KiB
Plaintext
161 lines
10 KiB
Plaintext
YOUR RIGHTS AND WHAT TO DO UPON ARREST
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You've been arrested, or someone you know has been arrested. Don't
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assume that it can't happen to you; the ease by which one can get
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arrested is amazing. Many people believe that if they "explain the
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situation" or tell their side of the story to the police, they will be
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let go, or at least things will go easier on them if they "cooperate".
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Nothing could be further from the truth.
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Perhaps you or the person arrested feel that you were unjustly
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arrested because you are innocent. Obviously, the arrest would not
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have taken place if the police agreed with you. It is the job of the
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police to get as much information from you in order to convict you.
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Many police officers consider themselves to be a combination of
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prosecutor, judge and jury, and they will do their best to confuse you,
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intimidate you and to get information from you that will convict you.
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And when your trial finally occurs, it is far from uncommon to see
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police officers lie in court in order to convict you. You will be
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stunned to find out what you supposedly told them.
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About 90% of all convictions are primarily based upon evidence
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elicited from the person arrested. Therefore, what you do or say upon
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arrest is absolutely crucial as to whether you are convicted or not.
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When you have been arrested, you will be invited to "tell your
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side of the story." Don't feel that you can just because your rights
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haven't been read to you. Do not be tempted to tell the police
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anything. Don't try to lie. Give the police your name, address,
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etc., and don't try to use an alias or some other name than your . When
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you are questioned about anything else, POLITELY insist upon having an
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attorney present. Ask politely for a telephone. Often, you will be
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told that you will be permitted to make a telephone call "after we are
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finished." Simply state politely t you will not discuss any matter
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without first consulting an attorney. If you cannot afford an attorney,
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it does not matter. One can be appointed for you, or a public
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defender can be appointed. Again, politely ask to make phone calls.
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If the police continue to try to question you, constantly, constantly,
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constantly politely ask for an attorney. Insist that you will answer
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no questions without an attorney.
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There are several police techniques that you should know about.
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One is called the "Mutt and Jeff" technique, and is the most commonly
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used. In this situation, one of the police officers will act as the
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"tough guy." He might put a gun to your face and tell you that he'd
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like to blow you away. He may call you every name in the book, and
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physically abuse you. They tell you how you are going to ja hreaten
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you with deportation (if you are an immigrant), swear at you, and use
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every technique you can think of to intimidate you. Then the other
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police officer approaches you. He is "Mr. Nice Guy". Maybe he offers
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you coffee or food, or a cigarette e tells you how bad the other guy
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is, and that he wants to help you. Then he tells you that if you tell
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him "what really happened", he can get that "tough guy" off of your
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back. He genuinely seems to sympathize with you and seems to be
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concerned about situation. Don't fall for it. Politely refuse, and
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ask to see an attorney.
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Yet another technique of police questioning is to tell you that
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the person you were arrested with has confessed to the crime, or that
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you have been identified by witnesses. Sometimes the person arrested
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is placed in the same room as the person t arrested with, and that
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person DOES confess. Don't let that shake you. Say nothing, and
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politely refuse comment, and insist upon seeing an attorney.
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If the charge is fairly serious, the arrested is often taken to an
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"interrogation room". The room is intimidating and depressing.
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Usually, there are no windows, and the furniture will be stark. A
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wooden table, wooden chairs without arms, and the room will be painted
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pea green or gray. Often there is a small bath with a mirror.
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Sometimes it is a two-way mirror. An officer or detective will sit on
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either side of you, and your back will be to the door. Politely
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refuse to answer any questions, and ask for an attorney. They will be
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persistent. Don't scream th yo ur rights haven't been read to you.
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Simply politely ask for an attorney, and say NOTHING. If an assistant
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state's attorney comes in, remember that he or she is a prosecutor,and
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will also be there to elicit information to convict you. Politely
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refus nd ask for an attorney.
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People seem to believe that you are permitted only one phone call
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from a police station. That comes from movies. Police may even tell
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you that you have only one phone call. You may make as many phone
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calls as is reasonable. Your primary objectives are: (1) to get an
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attorney, and (2) to get the bail money required, i il has been set. If
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bail hasn't been set, then you will be going to court fairly soon to
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get bond set. REMEMBER: NEVER DISCUSS THE FACTS OF YOUR CASE OVER THE
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PHONE. The police may want you to enter what is known as a "line-up",
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where you and sever th ers are placed in a line for purposes of
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identification by alleged witnesses. Or you might be invited for a
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"show-up", where a witness is asked to identify you on a one-on-one
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basis. Politely refuse, but do not attempt to physically resist.
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Insist upon an attorney being present. If you are ignored, attempt to
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pay attention to police conversations with the witnesses and attempt
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to mentally note the physical descriptions, including clothing, of the
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others in the "line- with you. Remember, make known your desire for an
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attorney, but do not physically resist.
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If you receive a phone call from someone who has been arrested,
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tell them to: (1) Say nothing to the police, (2) object to any
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questioning by the police without an attorney present, and (3) to be
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polite at all times. Ask them what the bail amount is, and if they
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don't know, ask to speak to someone who does. If bond hasn een set
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yet, find out when bond court is, and try to get family and friends to
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go. Tell the accused that you will get them all the help you can get.
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Get phone numbers of relatives and friends. Tell the accused that you
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will attempt to get an attorn an d do so. Don't forget, an accused
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person in custody is the loneliest and most frightened person in the
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world. They are surrounded by police officers, and you are the only
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person who can give them moral support, and to give them resolve.
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The police know that the arrested is frightened and lonely. Don't
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wait until "your rights are read" before exercising them. Somehow
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rights, if read at all, tend to be read after the police have elicited
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the information they want. Then it's too late. At trial, the
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policeman will testify that your rights were read BEFORE you the
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information.
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When you have been arrested, it is not wise to start yelling about
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your civil rights. Lights go out, treatment becomes worse, and you
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will be considered a trouble-maker. Be polite at all times, and if you
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are questioned, politely ask to see an attorney. Then ask the officer
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about his family, or ask about what the officer thinks about a recent
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sporting event. It certainly doesn't hurt if the officer e ually gets
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to like you even though you won't answer his questions. Don't forget,
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you have the right to an attorney whether or not you can afford one.
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If bond hasn't been set, and you or the arrested is scheduled for
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bond court, get as many friends and relatives there as possible. When
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the arrested comes from the lock-up area, nothing helps more than
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seeing familiar faces. Even more importantly, the judge setting bond
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is impressed because friends and family in the courtroom shows roots
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in the community, and the bond set will be lower. If you are a le in
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your community, or are a person that an arrested might call, you
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should have the office and home phone numbers of at least five
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criminal defense attorneys. Arrests tend to occur during the evening
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and early morning hours, so having home phone numb o f criminal
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attorneys is crucial.
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Additionally, make sure that you don't discuss your case with your
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cell-mates. It is not at all unusual that a cell-mate will tell
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police what you said in order to get their own situation reduced.
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Again, be polite, but tell a cell-mate nothing. And don't listen to
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their advice, regardless of how experienced they s to be.
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Remember, what happens in the twenty-four to forty-eight hours
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after arrest is absolutely crucial. Don't discuss your case with the
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police, insist upon an attorney, and be polite at all times. If you
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are contacted by an arrested person, give him or her the preceding
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advice. Tell the arrested that you will attempt to an attorney, and
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will try to arrange bond money, or to have relatives in court at the
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bond hearing. Get phone numbers of relatives and friends, and do not
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discuss the case with the arrested, and tell them not to discuss the
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case with anybody except a tt orney for them. Support the arrested
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emotionally as much as possible.
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If you need further information on this subject or other criminal
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matters, please feel free to call me at 278-1144.
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Michael J. Elliott
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Criminal Defense Attorney
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