Know Your Rights after an Arrest
Advice from a NYC Criminal Defense Lawyer
Being under investigation for a criminal offense or getting arrested in
New York is not a pleasant experience. The hours and days just prior to
an arrest, during an investigation or immediately following an arrest
are absolutely crucial for the criminal defendant if they want to protect
their legal rights. Fortunately, in the United States, criminal defendants
have a right to legal counsel at all of the critical stages of a prosecution.
These rights include the right to a criminal defense attorney at the arraignment
or even earlier if the situation necessities legal counsel. It is always
in the best interests of the suspect to hire a lawyer at the earliest
available opportunity. In fact, hiring an attorney prior to an arrest
can prevent a suspect from self-incrimination, which happens more often
than one might think.
Legal Protection Against Self-Incrimination
It is not uncommon for an entirely innocent suspect who failed to hire
an attorney prior to police questioning to make a false confession. False
confessions are an unfortunate event, but they can and do happen in our
nation's police interrogation rooms. False confessions are so commonplace
that they are a leading cause of wrongful convictions in the United States.
Although the job of law enforcement is to secure a conviction, they don't
always use the most honest and moral methods to extract the information
they need. The police are not above tricking or lying to a suspect to
get them to come down to the station, and they will often times tell the
suspect that they want to get their side of the story when in fact their
plan is to make an arrest on the spot.
Crucial Time for Legal Representation
When the suspect is asked to come down to the precinct, it is absolutely
vital that they retain legal counsel, that way the suspect is protected
against self-incrimination. Mistaken eyewitness identification is a leading
cause of wrongful convictions in the United States; therefore, retaining
legal counsel is vital if the suspect is to be placed in a lineup that
was arranged by the police. A defendant has a constitutional right to
an attorney in a post-arraignment lineup, having an attorney present to
monitor the procedure will be his or her best protection against mistaken identity.
If you are a suspect in a criminal investigation, the single most effective
thing you can do is retain the services of an attorney at the earliest
opportunity. This way, your 5th Amendment rights against self-incrimination
can be protected. Furthermore, your 6th Amendment rights to Assistance
of Counsel and Due Process rights (5th & 14th Amendments) can be preserved
to protect you against damaging admissions and mistaken identification.
Fortunately, an experienced criminal defense attorney from the Law Offices
of Daniel A. Hochheiser can not only protect your rights throughout the
investigation but throughout the criminal process as well. We can protect
your rights through trial by confronting witnesses through cross examination,
we can present a strong defense, we can compel the production of evidence
and we will ensure that your rights to a fair trial are fully protected.