Either you committed a crime and want to try to avoid the most severe punishment, or you did not commit the crime you are charged with and want to make sure that you are not convicted of something you didn't do.
In either case, you need a lawyer to help. In fact, the best time to contact a lawyer is BEFORE you actually need one. For example, if you were involved in some activity which you think may have been illegal, you should talk to an attorney BEFORE the police are knocking at your door to ask you some questions.
Many times people find themselves in more trouble because of what they said to police. Don't make that mistake. You have a right to remain silent. Use that right. Don't make any statements to police until you talk to a lawyer. Be aware, however, a police officer can ask you for identification and you may be detained if you refuse to provide a response to such a question. In addition, while you have a right to remain silent, you do not have a right to lie to a police officer. Silence in response to a police officer's questions is not admissible at trial and therefore means nothing. On the other hand, if you lie to a police officer, that lie IS admissible and may do you more harm than good. For example, a police officer asks "Is that your bag?" If you say no and many personal items clearly belonging to you are discovered inside, your lie may show that you were aware of illegal items in the bag. On the other hand if you do not answer that question, the proof will have to come from somewhere else.
GOOD vs. EVIL
We, as taxpayers, entrust in the police and District Attorney the responsibility to catch and prosecute criminals. There are times when people get involved in the wrong activity, do things they shouldn't be doing. Some of these things are just inherently wrong and are also considered crimes: for example, murder, robbery, rape, etc. Other things have become crimes just because the legislature has decided that they are crimes, but they are not necessarily evil, for example, the use of drugs, swimming in "no swimming" areas, and failure to pay taxes.
Whichever situation you find yourself in (or accused of) you should know that you have the right to require that the government prove that you are guilty of the crime. Sometimes circumstances arise which may allow someone to plead guilty and not require the government to prove their case. When those situations arise you need to know all of your alternatives and all of consequencs of the plea.
MIRANDA WARNINGS
Many people have the wrong impression about the Miranda warnings. We have all seen the police administer those warnings on TV and in the movies. "You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford one an attorney will be appointed to you."
Some people tend to believe that if those warnings are not read to them, they can avoid prosecution. In fact that is only true in very limited circumstances. The warning notice is only required when someone is in police custody and is asked questions. The best advice about statements to the police is to hold your tongue until you've spoken with a lawyer. This is not always easy. The arresting officer may infer that if you give a statement you will be released from the police holding cell so you don't have to stay overnight. The officer may indicate that he/she will speak favorably to the District Justice who will be setting the bail amount. These offers are most tempting when you are handcuffed and behind bars. Still, the best thing to do is to talk to a lawyer. A statement to the police may be a good idea, but you should not make that decision until a lawyer has reviewed your situation.
