David P. Badanes, Esq.

You have just been arrested or you are under investigation for a crime. You are scared and you do not know what to do. In these situations, it is easy to make poor decisions that could lead to a conviction and possibly jail. Instead of making these mistakes, here are three things you should not do when facing criminal charges and one thing you should do.

1. After you have been arrested, do not talk to the police. In New York, simply stating that “I want to talk to my attorney”, will mean that the police cannot question you without your attorney present. If, the police do continue to question you, just keep repeating “I want to talk to my attorney.” I greatly respect the police department and district attorneys; however, it is their job to seek a conviction. Therefore, they will try all sorts of “tricks” to get you to talk to them. You will often hear a police officer say something like “Talk to me and I’ll make sure you get a good deal” or “You don’t need an attorney, if you talk to me, I’ll make sure your protected”. Do not do it. No matter what the police tell you or what a district attorney tells you, just keep stating “I want to talk to my attorney.”

2. Do not consent to a search of your car, house, computer, or business. If the police ask you “Can I search your _____ (fill in the blank)”, say, “No, you need to ask my attorney.” Never consent to a search. Depending on the circumstances, the police may have the right to search your car, house, computer, or business, and they may search without asking your consent. However, anytime, the police ask “may I” or “can I”, simply state, “No, you need to ask my attorney.”

3. Do not argue with the police and do not be disrespectful. Although, you should state, that you want to talk to your attorney and that you will not consent to a search, you should do say in a courteous tone and always be respectful. You should not argue with the police as it is possible that you could then face charges of resisting arrest or hindering prosecution of a crime. If you disagree with anything that the police are doing, politely state that they should talk to your attorney before taking such action.

One thing you should do after being arrested, is hiring an experience Criminal Defense Attorney. You need an attorney who knows how to defend and protect you in court. If you have been arrested in Suffolk County, Nassau County or in New York City, David Badanes and the Badanes Law Office will help you and fight for your rights and freedom. Call David Badanes and the Badanes Law Office today at 631-239-1702, email me at david@dbnylaw.com or visit our web site: www.dbnylaw.com.

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