MEMBERS

You Get A Call From A Police Officer or You Are Arrested?

“You have the right to remain silent.”

You’ve heard it a hundred times. On cop shows, lawyer shows, and in movies. You may even know that this reading of your rights is called “Mirandizing.”

If you’re in a situation where a law enforcement officer is reciting those words to you or your child, you need to be aware of the most important right of all:

“You have the right to an attorney.”

These two rights ­– the right to remain silent and the right to have your attorney present at questioning – apply not only after you’ve been charged with a crime but also if you believe you are suspected of having committed a crime.

By having an attorney present at every stage of a criminal process, you will be assured that your rights will not be violated, even if a police officer tells you otherwise.

Criminal laws are complex. They are designed to protect the rights of the innocent while allowing law enforcement officials to actively pursue those who commit crimes. We recommend that you be courteous and respectful to police and to officers of the court. They will understand if you choose not to discuss your case without your attorney present.

Criminal charges are serious business. A criminal record could cause employment problems. A past conviction can be used against you should you be convicted of a crime in the future, and you could receive a more severe sentence. In some cases, such as shoplifting, bad checks, and DUI offenses are cumulative. If you are charged with the same crime again, you will be charged with a more serious offense, which carries a more severe penalty.

Because a criminal charge is so serious, it is important that your rights be protected during criminal investigations so that the charges are handled properly.

If you are being interviewed by a police officer or you are charged with a crime, remember your rights. If you cannot afford an attorney, one will be appointed for you. If you need help finding an attorney, call the Berks County Bar Association’s Lawyer Referral service at 610-375-4591.