Ask Debra: What Are My Rights with the Police?

Executive Director of PhillyGayCalendar

WHAT ARE MY RIGHTS WHEN IT COMES TO TALKING TO THE POLICE?
Do I have to answer their questions if I am stopped on the street? What if they come to my house? And lastly, what if I am asked to come in to talk to them in person?

‘YOU HAVE THE RIGHT TO REMAIN SILENT” ~PLEASE REMAIN SILENT!~

You do not help your case by feeling guilty and speaking to the police. You are always in a better position to demand an attorney the moment you are arrested. In all fifty states, an arrested person has the right to consult with an attorney prior to answering any questions by the police and/or to cease speaking with the police at any time and demand the presence of an attorney. The Federal and State Constitutions demand that you be told that you have the right to an attorney and that you have the right to have an attorney appointed to you if you cannot afford one. Please remain silent and shut up!!!

WHAT SHOULD I EXPECT AT MY FIRST CRIMINAL COURT APPEARANCE?
This is my first arrest. I was caught shoplifting and arrested.

It all depends on your state. In some states, after you are arrested, you go immediately before a judge or magistrate and bail or bond is set after you are arraigned, (meaning explaining the charges against you and you are told your bond or bail amount) and if you pay bail you get out. If not, you stay in jail until your first appearance or first court hearing on the charges. Consult with a criminal attorney at the first opportunity so that a proper defense strategy may be developed.


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