If there’s one thing that anyone accused of a crime should remember, it’s this: Keep quiet! As a criminal defendant or someone who has recently been arrested, anything you say can be used against you later in court. Therefore, you should be extremely careful about what you tell the authorities. If you’ve been accused of or charged with a crime, please review the information below, and contact a New York criminal defense attorney as soon as possible.
Your statements to the police and others can be used as evidence
Following an arrest, almost anything that you say to anyone can be used as evidence against you in a criminal case. There are, however, some exceptions to this rule, including:
- Statements you make to your lawyer
- Statements you make to your spouse
- Statements you make in response to a police interrogation when the police fail to first give you Miranda warnings
Despite these exceptions, a good rule of thumb is to not speak to anyone about the crime with which you’ve been accused except your New York criminal defense attorney.
Always assume that you’re being recorded
In New York, it is legal for anyone to wear a hidden recording device and secretly record conversations. As long as one party consents to the conversation being recorded, the conversation may be recorded without a warrant. Therefore, if you’ve been accused of a crime, you should always assume you’re being recorded. In addition, police, when investigating certain crimes, particularly sex crimes, will use a technique called a “controlled phone call.” In a controlled phone call, the accuser makes contact via phone with the accused at the request of law enforcement. During the phone call, the accuser essentially attempts to have the accused confess to the crime or make damaging statements. Even when such claims are false, the accused sometimes apologizes or agrees with some of the accuser’s allegations just to make the problem go away. Don’t make this mistake.
Don’t rely on Miranda warnings
Miranda warnings are statements that the police are required to recite to suspects who are in police custody. However, some people believe that police must always read Miranda warnings before asking any questions at all. In the absence of Miranda warnings, many suspects believe they are safe to speak freely. This belief isn’t true, however, and it can have disastrous consequences. Police are only required to read Miranda warnings to a suspect when he or she is in custody. Therefore, whether you’re in custody or not, you shouldn’t give any information to the police other than basic identifying information. Don’t rely on Miranda warnings to determine when and if you should speak to the police.
Contact our New York criminal defense attorney
If you’ve been accused of committing a crime of any kind in New York, it’s imperative that you hire an experienced New York criminal defense attorney to represent you. At Barket Epstein, our experienced New York criminal defense attorneys will ensure that you are provided with the most effective defense possible against your charges. Please contact one of our experienced criminal defense attorneys today for a consultation.
Posted in: Criminal Defense