If you happen to be questioned or arrested by law enforcement in New York, there are certain rights that you have, which are called your Miranda Rights. These are read before an officer begins questioning you about the crime that you’re suspected of committing. If you’re not read these rights, then it could result in your charges being dismissed or reduced when you go to court.
Silence
One of the first things that you’re told after being detained is that you have the right to remain silent. If you’re forced to give any details about what you were doing when an officer stopped you, then it could be considered police misconduct as you don’t have to make any statements after being read your rights. Keep in mind that if you do make statements about your actions, then they could be used in court against you.
Representation
You are given the right to have an attorney present at any point in the investigation process. You can consult with an attorney about whether or not you should answer questions and how much information you should provide during questioning before going to court. Another benefit of this right is that an attorney can let you know if the interview should end until further evidence is gathered. If you request an attorney, then any questioning must cease until one is present. The court can appoint an attorney if you’re unable to afford one in most circumstances.
When you’re detained or arrested, you are to be read the Constitutional rights that you have so that you know when and if you should answer questions and what kind of assistance you have available if it’s needed.