Should you ever be in a situation where you are stopped, confronted or approached by the police, there are a few basic things that you should know and exercise. It doesn’t matter if you are arrested or not, if and when a police officer approaches you, it is important that you do not make any statements at all. Pursuant to the Fifth Amendment of the United States Constitution, you have the right to remain silent. This is equally as fundamental and important a right as your right to bear arms, rights against unreasonable searches and seizures, right to vote no matter your race or sex and your right to freedom of speech. You wouldn’t freely give up any of these rights would you, so why should you easily give up your right against potential self-incrimination?
Anything you may say (either verbal or written) at any time and to anyone- the police, your family and friends, media and inmates can be used against you. Your lawyer is the only person who you can safely talk to regarding your situation. You have a right to a lawyer and you do not have to sign anything, including a waiver, and are not required to make any statements without having a Raleigh Criminal Defense Attorney present to assist you.
If you are approached or stopped by an officer, you should always be polite and respectful. Refrain from being arrogant and asserting that you are aware of your rights and avoid requesting they advise of your rights from the beginning. If you are stopped by the police, politely ask the officer if he/she is going to issue you a citation or ticket and if you are free to leave. Don’t pull away or refuse to be frisked for weapons and do not verbally or physically resist arrest. If the officer wants to search you, your home or your car, do not consent. State clearly to the officer that you do not consent to any search. You do not have to agree and make sure that you do not use force to resist a search. This is also a constitutional right that you are provided in the Fourth Amendment to the United States Constitution.
Contact attorney Chris Dozier office today if you have been charged with or are being investigated for a traffic, misdemeanor of felony offense in Wake County for a free consultation to determine if your rights have been violated. You can use our online contact form or call (919) 443-0911.