You have rights under the United States Constitution which apply to all state and federal courts. You may not know what your rights are, but you can be certain that the police do. You can also be certain that the police have no interest in protecting your rights and will only tell you about them if they are required to by law. Even then they may not tell you your most important rights. Some of your most important rights are:

The Right to Remain Silent

Any time the police attempt to ask you questions, you ALWAYS have the right to refuse to talk to them, regardless of what tactics they use to try to get you to speak. Rarely is it in your best interest to speak with law enforcement prior to consulting with a lawyer. Keep in mind that when the police want to talk to you, they either want you to confirm information they have that will lead to your arrest or they are hoping you will give them the evidence they need to arrest you. In either case, you can be assured you will not “talk your way out of it”. Also keep in mind that the police are not required to play fair while asking you questions. They are permitted to lie to you and mislead you during an interview to get you to say things they want you to say. Only by speaking with a lawyer who has experience with these matters will you know whether you should or should not speak to police.

The Right to Counsel

You have the right to effective representation. During an encounter with police and upon arrest you have the right to have counsel present and to have counsel appear with you at every significant stage of the proceedings. Not all district attorneys and judges value this right equally and there are those who do not seek to protect your right to counsel. Make sure you have consulted with a lawyer prior to any interview with the police and make sure you have a lawyer present with you any time you appear in court. Lawyers are in court in front of the judges every day and they understand what is going on when you may not.

The Right to a Jury Trial

You have the right to a jury trial. During the course of a criminal case YOU decide whether to take a plea and go to trial, not your lawyer or anyone else. You should listen to the advice the lawyer gives you concerning how you should resolve your case, but ultimately it is YOUR decision. Make sure you choose a lawyer who is comfortable trying cases in front of a jury, no matter how bad the case looks or whether he has advised you he thinks you will win or lose at trial. It is your case and your life. Make sure you hire a lawyer who respects that.