INDUSTRY INSIGHT
KNOW YOUR RIGHTS
B
eing 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
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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.
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.
North Allegheny | Winter 2017 | icmags.com 11