INDUSTRY INSIGHT
KNOW YOUR RIGHTS
SPONSORED CONTENT
Being charged with a criminal offense is one of the worst experiences a person can have . Some already know it may be coming as they have been questioned by the police or other law enforcement entity . Finding out that you made your case easier for the police to charge you throws fuel on the fire .
Most of us were taught to tell the truth and to cooperate with law enforcement authorities . For the most part , that is very noble , but in some cases you may have caused yourself further problems . Everyone can recite the Miranda warnings from the police shows on television :
“ You have the right to remain silent ; anything you say can and may be used against you . You have the right to an attorney …”
Miranda warnings are your reminder that you have Constitutional rights . Those rights are for your protection referring to your
innocence . Even if you are guilty of some crime , these rights protect you from making a matter more serious than it already may be . In my experience , I have represented persons after the fact , and undoubtedly they have made their case worse .
The way you say things , answer questions , or ( in a clumsy fashion ) try to avoid the truth often digs the hole deeper . Most police and law enforcement are well-trained in interrogation techniques . This is part of their job , and they are good at it . They have no problem scaring you with threats of detention , charging you with numerous varieties of crimes (“ throwing the book at you ”), tricking you , or even lying to you . Why would anyone ever place themselves in such a position ? People do , and do so all the time .
At my firm , we insist on being with our clients anytime they speak to the police . In some cases , I will tell the police we do not want to speak with them . This is done respectfully and usually with the mindset that there is nothing to be gained by helping the police build a case against a client .
Being too agreeable is also problematic . There seems to be a mistaken thought that “ if I cooperate , even to my disadvantage , the officer will go easy on me .” Allowing a search of your automobile , person or home usually goes bad . You have a right to deny a search . Without a warrant , most searches and seizures are illegal , even if contraband is found . That illegal search may be cause for the court to throw the charges out . If , however , you agree to a search ( without a warrant ), you have no relief — meaning you will be charged and the charges will lead to the filing of a criminal complaint .
Please note that nowhere have I suggested that anyone be anything less than courteous . At no time should you threaten a police officer with legal action , insult or become personal . Never be physical . That will only lead to heavier charges , including but not limited to aggravated assault , which is a felony in Pennsylvania .
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This Industry Insight was written by John ( Jack ) Haller , Esq .
Jack Haller has over 25 years of legal experience , representing clients in nearly every county in Western Pennsylvania . He has practiced in a wide range of areas , including criminal , family and business law . He was also on the faculty of Slippery Rock University of Pennsylvania for over 15 years where he taught business law , management , and other business courses . Attorney Haller received his law degree from the University of Akron and his undergraduate and graduate degrees from Indiana University of Pennsylvania . Additionally , he is a member of the Pennsylvania Bar Association , Butler County Bar Association and served as legal counsel for the Butler County Humane Society .
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