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Albuquerque Criminal Defense Attorney Cynthia Payne

Your Rights

Do I Have To Talk To the Police About My Involvement in a Criminal Case?

You have an absolute right under the 5th Amendment of the U.S. Constitution not to talk to the police in this situation, and you should never talk to the police without first obtaining legal counsel. Although the police may threaten you with arrest if you refuse to answer questions, or you are afraid that this will make you appear guilty, you should never agree to make an uncounseled statement. If your case eventually proceeds to trial, the jury will generally not be informed that you invoked your 5th Amendment rights when questioned by police.

What Rights Do I Have if I’ve Been Arrested?

Your basic rights after an arrest, as you have probably heard numerous times on television, are called your Miranda rights. They include the right to remain silent, the right to a lawyer, the right to a court-appointed lawyer if you cannot afford private counsel. In New Mexico, you also have the right to make three telephone calls beginning not later than twenty minutes after your arrival at a police station, sheriff’s office, or other place of detention. You should always consider calling a family member or close friend who can apprise people of your situation and help arrange your bond.

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