Schenectady Criminal Defense Attorneys

Understanding Your Legal Rights

Being accused of a crime or being arrested on criminal charges is a frightening experience. However, it is extremely important that you remember and exercise your rights.

Below, we have provided a brief overview of your most basic rights when it comes to criminal accusations, charges, and arrests:

• You Have the Right to Remain Silent: Anything you say to the police or to the prosecution can be used against you. As such, we strongly recommend that you exercise your right to remain silent during any encounter with law enforcement. Note that you may be required to identify yourself in some situations, but you do not need to answer any other questions, including questions about where you are going, your immigration status, or what you have been doing. Instead, you may simply state that you wish to remain silent.
• You Have the Right to Be Free from Unreasonable Search and Seizure: Law enforcement cannot search your personal property or belongings without a signed warrant. You do not have to consent to a search of your vehicle, home, or other personal property if the police do not have a valid warrant. You may ask to see the warrant if the police say that they have one. If they cannot produce a valid warrant, state that you do not consent to the search or seizure of your property or belongings. Note that an arresting officer is legally permitted to conduct a search of your person (“pat down”) if they suspect you may have a weapon.
• You Have the Right to Leave If You Are Not Under Arrest: The police may detain you if they have reason to believe you have just committed a crime, are committing a crime, or are about to commit a crime. If you are detained by the police, you should ask whether you are under arrest or if you are free to leave. If the police do not ticket or arrest you, they are required by New York State law to provide you with a business card containing identifying information (except in some emergencies).
• You Have the Right to an Attorney: Everyone who is accused of, arrested for, or charged with a crime has the right to an attorney. If you cannot afford an attorney, you have the right to be appointed one by the court. You should remain silent until you have spoken to an attorney; you do not need to explain yourself or provide any excuses. You should never sign anything or make any statements without an attorney present.

Knowing your rights and exercising them when necessary is one of the best ways to keep yourself safe and ensure your rights are protected throughout the legal process.

The most important thing you can do if you are stopped by the police is remain calm. Even if you believe your rights are being violated, attempting to argue with or stop the police from what they are doing could lead to your arrest and additional criminal charges. Always keep your hands where police officers can see them and never run or touch police officers. Do not resist arrest, even if you are innocent. Be compliant and remember that you can make your defense later with the help of an attorney.