Please note, that if you are arrested, you do not have to answer questions, and you don’t have to sign, or initial anything! You may refuse to take a breath or chemical test until you speak to your lawyer. Advise the police officer or detective that you do not wish to answer any questions; that you wish to contact a lawyer or your family.
If you are permitted to call your family, tell them:
- Where you are being held
- The name of the police department
- What you are being accused of
DO NOT DISCUSS YOUR CASE IN DETAIL OVER THE PHONE
Tell your family or friends to call our office for help immediately.
Police do not have to ‘‘give you your rights’’, and their failure to do so does not invalidate an arrest.
The police only have to give you your rights if they wish to question you. If they do wish to ask you questions, it is then that the police have to advise you that anything you say may be used against you, and that you do not have to answer questions.
If you were already before the court, being represented by a lawyer provided by the court, you do not have to continue to use that lawyer.
While it would have been better to have had your own lawyer when you first appeared in court, it is more important to retain a lawyer dedicated to your case, a hard fighting lawyer, as early in the case as possible to protect your interests.
For more information, look at those portions of our web site under FAQS to find out more about the arrest procedures to be followed by the police or the next steps that are likely to occur during your case.
Do not feel obligated to stay with the lawyer who helps you the first night.
Do not sign a long term retainer.
Any legal fee for standing in at arraignment should either be a flat fee or should be hourly. Most Criminal Defense Attorneys will charge between $150-$350 per hour. It will cost more in many big cities or urban areas. For example, many well known NY lawyers charge upward of $600 per hour.
When it comes to your rights, and it comes to your freedom, leave nothing to chance. Call Iannuzzi and Iannuzzi at 212-227-9595 and a live person will help you.