If you are under arrest or detained, and you are asked if you would like to speak to a Lawyer; always say Yes.
Once you are arrested or detained for a Criminal Investigation:
DO NOT Provide any statements
DO NOT Participate in Polygraphs
- A statement is anything that you say whether it's recorded, written, or signed by you or not.
- Even if you exercise your right to silence, the police are not under any obligation to stop asking questions.
- It is our professional advice that it is in your best interests not to say anything to the police regarding any information pertaining to your situation, even if it is harmless small talk.
DO NOT Permit the police to search your car, home, or body without calling a lawyer immediately unless they have a warrant or it's incidental to an arrest
- Polygraphs are never admissible, BUT what is said during a polygraph may be considered a valid statement and is possibly admissible against you.
- Polygraphs are used as a Police tool and though the scientific outcome of the test may be "inconclusive" it may be a way for the officers to spark up further conversation.
- Polygraphs, similar to line-ups, are presented by the Police as a way of excluding yourself from further investigation, but its real purpose is just the contrary. Be aware of all Police tactics.
- The police generally are only entitled to search you or your property under three circumstances; if they have a Search Warrant for property, if they are searching an individual (and only property on the person) upon arrest, or with your consent.
- Searches are complex and require the input of a lawyer.
The above represents only a small example of general advice to help you understand that in each and every situation you require the advice of a lawyer. This commentary is for informational purposes only and is not intended as legal advice. For complete legal advice contact Suny Virk at 289-625-1595.