Q: What do you do when the police want to talk to you?
A: Use your right to remain silent and get the help of an attorney right away.
When the police want to contact you about a case or want to interview you about something they think you are involved in you have the right to remain silent and to have an attorney present with you during any questioning. If you tell the police that you are using your right to remain silent they should stop asking you questions until you have a lawyer.
You can politely tell the police officer or investigators that you will take their name and phone number and have their attorney call them for you. If the police arrest you then you will be given an opportunity to have a lawyer to help you when you get to court or you can contact a lawyer from the jail. Also, your friends or family can help contact a lawyer for you if arrested. Lawyers can go to the jail to see you.
Do not engage in an interview with the police without an attorney, anything you say they can use it against you. You may think that you can explain that you did not do anything wrong, but without a lawyer’s protection of your rights you can say things that you may not realize will hurt your case.
It does not matter if you are innocent or guilty; do not answer questions of the police before you get an attorney. The police are allowed to tell you things that are not true in order to get you talk to them. Your lawyer can protect you from saying things that can hurt your case.
Tell the police, “I am using my right to remain silent.” When you say that and stop talking they are supposed to stop asking you questions. Save yourself, use your right to remain silent and get an attorney right away.
Q: How do you contact a lawyer?
A: Call an attorney and get to know them to see if they are the right attorney for you.
If you are in jail you can call an attorney collect from the jail or have your family or friend’s contact an attorney for you. Whenever you look to hire an attorney you should talk with them and make sure they are going to be good for you.
All attorneys are not the same. You need to ask them about their experience, have they done trials, and do they have experience with your type of case. You need to interview the lawyer to make sure you feel comfortable having them protect your rights and fight for your freedom. Criminal cases have the potential of taking away your freedom; be sure you find an attorney that you can trust with your freedom.
When you interview an attorney think about …
1. How did they make you feel?
2. How much time did they spend with you?
3. Do you think you can trust them with your freedom?
Three (3) Important things you need to know if you are involved in a Domestic Violence Case in Santa Clara County!
1. If there is a restraining order stating “no contact with” another person, do NOT contact have contact with that person. Do not text, email, Facebook, talk on the phone or send a message through another person to have contact with someone that is involved in a “no contact” restraining order that you are involved in. Breaking the rules of a “no contact” restraining order is another crime. Call an attorney and get help right away.
2. If you are the person who the police designate as the victim in a domestic violence case and you want to have contact with someone who has been ordered not to have contact with you, you should take a 1-hour “know your rights” class as soon as possible. The courts in Santa Clara County want to see proof that you took the class usually before they will change a “no contact” restraining order. If you are a victim in a domestic violence case you can hire an attorney to help you.
3. Talk to an attorney about your rights. Call an attorney and find one that you feel comfortable working with. Interview lawyers to make sure you hire the right attorney for you.
