You have a right to not testify against yourself in the United States.The Fifth Amendment states that no person shall be compelled to testify in a criminal case against himself.It also means that you don't have to talk to the police.It's important to avoid self-incrimination.Any statement you make could potentially be used at trial.You can make statements when you are not a suspect.
Step 1: Get a lawyer.
You should get an attorney.If you were involved in a criminal incident, you should talk to an attorney before the police show up.If you're arrested, you should get a phone number for the attorney so you can reach him or her.You can find a criminal defense attorney by contacting your local bar association.People in your community have used criminal defense attorneys.No one in the community will know that you were connected to the criminal incident.
Step 2: Don't talk to police.
A witness saw you at the scene of the crime.You might not be considered a suspect by the police.Whether you are a suspect or not, anything you say can be used against you in court.You should refer the police to your lawyer if you are innocent.You don't have to answer police questions.If you are stopped by the police, you must identify yourself.In Ohio, you have to give a police officer your name, address, and date of birth.Do not ask any other questions.
Step 3: Ignore the police's promises.
The police might say a lot of things in order to get you to talk.They might promise not to use a statement against you.They might say, "Hey, you aren't a suspect, so you have nothing to worry about."This will go away if you just talk to us.The police don't know what statements can be used in a prosecution.The prosecutor will make a decision about what to show the jury.You shouldn't listen to the police when they tell you what will happen in the future.Police can lie to you.A police officer can say that they have evidence that ties you to the crime.The police hope that you will confess.The police should always refer you to your lawyer.You might feel pressured to speak because you want the situation to go away.You can't argue against being investigated or suspected of committing a crime.All you can do is dig a hole for yourself.
Step 4: Don't talk about it with others.
You can make a statement to other people at trial.If you were involved in a criminal incident, you shouldn't talk to other people.Keep your profile low.Your friends might want to know what happened.Ignore them as best you can.
Step 5: Listen to your Miranda rights.
The Supreme Court requires police to give warning before questioning you.If you are in custody, they have to warn you.Even if you are not in custody, any statement you make can be used against you.You have the right to remain silent.Anything you say can be used against you in court.You have the right to a lawyer.One will be provided for you if you can't afford a lawyer.
Step 6: You don't want to talk to the police.
You have to say, "I don't want to talk to you."Without an explicit request, the police can continue to question you.It is possible for the police to come back after a certain amount of time and ask if you want to talk.You have to keep repeating that you don't want to talk to the police.
Step 7: Ask for a lawyer.
Ask a lawyer if you want to remain silent.You should be explicit.When the officer says you have the right to a lawyer, don't just nod your head.Don't ask for a parole officer.The police must stop questioning when you request a lawyer.There is a separate right to remain silent and to have a lawyer.You have to say both.If you only say, "I don't want to talk to you," the police do not have to interpret that as a request for a lawyer.You should be able to make a phone call to your lawyer if you have one.Call a family member if you can't reach your lawyer.Tell them where you are.You will need a public defender if you can't afford a lawyer.Before you meet with the public defender, you might have to wait days.
Step 8: Don't talk to the police.
The police can't start questioning you again after you request a lawyer.They may start questioning you again if you start talking about the incident.Limit what you say to the police.You can use the bathroom, but only if you ask for food or water.Don't talk to the police in small groups.If an officer approaches you and you don't want to talk, you should meet with a lawyer.
Step 9: Discuss your interrogation with your lawyer.
You could have made incriminating statements to the police.You may be able to prevent the prosecutor from introducing those statements in court.If the police made mistakes while questioning you, you can suppress the statements.If the police made any of the following mistakes, the statements could be suppressed.It is generally against the law to have physical contact with someone.It will be easier to prove that your statements weren't voluntary if the touching is coercive.Even slight touching, such as grabbing your wrist, could be coercive.You were denied food or water by the police.If the circumstances lead the court to believe the interrogation was coercive, the statements will be thrown out.Coercion is more than that.It can include making you feel uncomfortable.Other factors include your age and intelligence.The police did not read your Miranda warnings.
Step 10: To suppress, bring a motion.
If you bring a motion to suppress, incriminating statements can be thrown out of court.You need to identify that the police did something wrong when they questioned you.Your lawyer has to file the motion in court.You have to file this motion in federal court.The motion might not be drafted by your lawyer.Your lawyer might be pressed for time if your motions take a long time to write.Your lawyer needs to file a motion to suppress.You did not preserve the issue for an appeal if he or she doesn't.
Step 11: Your lawyer can argue the motion.
The judge will schedule a time to hear the argument after the prosecutor is allowed to respond to the motion.The prosecutor can't use incriminating statements if you win.Whether you want to testify depends on the outcome of the motion.Discuss this with your lawyer.The only proof the prosecutor had that you were at the crime scene was your incriminating statements.You might not want to testify if the statements are suppressed.
Step 12: The issue should be raised on the appeal.
You can appeal your conviction to a higher court.You point out any mistakes the judge made in your appeal.The judge refused to suppress your statements.You can get a new trial if you win your appeal.Your trial lawyer filed a motion to suppress.The appellate court will only review the judge's decision under the "plain error" standard if not.The error must have led to your conviction.