YOUR RIGHTS, IF YOU ARE CONTACTED, STOPPED OR ARRESTED BY THE POLICE IN NEW YORK

1. I HAVE THE RIGHT TO REMAIN SILENT AND HEREBY ADVISE YOU TO STOP ALL QUESTIONING UNTIL THE ADVICE OF MY ATTORNEY. MY NAME IS ___________________. MY ADDRESS IS _____________ _________. MY DATE OF BIRTH IS _______. MY ATTORNEY’S NAME IS EMANUEL N. MOUGANIS AND HIS PHONE NUMBER IS 585-301-2496. I WISH TO CALL HIM NOW.

In New York, you have the right, if you are stopped, to refuse to answer any questions for any reason or no reason. You can invoke your right to silence by saying, “I refuse to answer any questions” or “I want to speak to an attorney” or “I wish to remain silent.” If you do not clearly invoke your right to remain silent with such a statement, you may subject yourself to continued questioning by police. Police can’t lawfully require that you identify yourself or produce identification if they don’t reasonably suspect you are involved in a crime but your refusal could lead to your arrest even if unjustified. If you are stopped while driving a vehicle, you must show your license, registration and proof of insurance.

2. I DO NOT GIVE YOU PERMISSION TO SEARCH MY PERSON, VEHICLE, HOME, OR ANY OTHER PROPERTY THAT I HAVE AN EXPECTATION OF PRIVACY IN AND ONLY IF YOU HAVE A WARRANT SIGNED BY A JUDGE I WILL ALLOW A SEARCH.

You can refuse to give your consent for an officer to search your person, vehicle or home. Your refusal will force the police officer to legally justify any search made without your consent. Be aware, however, that New York law does permit some limited searches (such as patdowns) in “stop” situations in order to search for weapons.

3. I WISH TO CALL MY ATTORNEY BEFORE I DECIDE IF I WILL TAKE ANY SCIENTIFIC TEST, INCLUDING BREATH, BLOOD, OR OTHER TEST.

In New York, a motorist does have the right to consult with an attorney prior to submitting to a chemical test. This right, however, is only a qualified right, as the request cannot unduly delay the timely administration of the test. Although the failure of the police to permit such consultation to take place can result in suppression of the test, a motorist may not condition whether or not he or she chooses to take a test upon first consulting with an attorney. Therefore, the attorney must actually be available by telephone at the time the request to take the test is given or the motorist may not claim a violation of such right.

4. I UNDERSTAND THAT THE SUPREME COURT HAS GIVEN YOU THE RIGHT TO LIE TO ME AND TRICK ME INTO MAKING STATEMENTS, AND THAT IS WHY I WILL NOT ANSWER ANY QUESTIONS UNTIL YOU PROVIDE ME WITH MY ATTORNEY.

The number one mistake made by suspects during police interrogation is they do not understand that the police may lie about everything and even invent fake evidence to trick them into making an admission. For example, an officer may tell a suspect that someone told the police that they saw the suspect commit the crime and that if the suspect confesses he will receive a short sentence or probation (even though police have no say in plea bargains and sentencing). All information provided by the police is usually untrue, and anyone facing police questioning should contact a lawyer familiar with these tactics.

5. I WILL NOT GIVE UP MY CONSTITUTIONAL RIGHT TO REMAIN SILENT, NO MATTER HOW LONG YOU DETAIN ME.

If the police want to interrogate a suspect, they will usually tell the suspect that they need assistance answering a few questions. At the police station, the officers may leave the suspect alone in an interrogation room for extended periods of time, often watching his behavior through a glass wall or one-way mirror. When the police enter, and the suspect does not give the information they are looking for, the officers may use the notorious good cop/bad cop routine in which one officer tells the suspect that he is definitely being charged while another officer tries to convince the suspect that the only way to leave the precinct is to confess to a crime.

Nevertheless, under New York law, in most cases, the longest the police can detain you is 72 hours before they must bring you before a Judge for arraignment. If you contact a lawyer and decide to challenge their detention, your lawyer can argue that the police are keeping you longer than is necessary under the circumstances. If the judge agrees, then any criminal charges that resulted from your detention may be dropped or never brought at all.

The Mouganis Law Firm is a New York criminal defense firm representing clients in criminal defense and civil rights matters in the Greater Rochester Area of New York. Should you have any questions and require the services of an experienced criminal defense attorney, please contact us at (585) 301-2496. Rochester, New York Criminal Defense Attorney.

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