Understand the System
By knowing the ropes and being active in your own defense, you can help your case and avoid accidentally causing further trouble for yourself.
Your defense team will be available to answer any questions you might have as your case proceeds, but the following information is good background you can use right away.
Dealing with Police
“You have the right to remain silent. Anything you say can and will be used against you.”
These are not just catchy phrases police say on TV – they’re true! When an officer advises you of your 5th Amendment rights, it is usually because they suspect you have committed a crime. Anything you say after this admonition can likely be used as evidence in court, so it is usually best to avoid answering questions.
Police will often encourage you to cooperate in an effort to gather information from you. They are allowed to lie in order to further their investigation. Be very careful! The safest bet is to say nothing until your attorney is there with you.
“You have the right to an attorney. If you cannot afford one, one will be appointed for you.”
The right to legal representation in criminal cases is guaranteed by the 6th Amendment. This is the reason public defenders exist. If you are advised of your rights by a law enforcement officer, you can then demand to have an attorney present before you respond to questioning.
Exercising your right to an attorney and your right to remain silent can keep you from making a bad situation much worse.
Your Court Appearance
You may be released from custody, but instructed to appear for an arraignment. This often happens before you have been assigned an attorney. It is critical that you attend court as instructed and be on time.
An arraignment is when you appear in Court and a judge ensures you have had the charges read to you and that you understand your rights.
Often you will not be assigned an attorney until just before (or even after) your arraignment.
The arraignment is not the time to discuss the facts of your case. After the arraignment you will make arrangements to follow up with your attorney and only then should you talk about the facts of your case with your defense team.
In Custody
If you are held in custody, be careful who you talk to. It is common for other inmates to act as informants for the State in exchange for reductions in their sentence or other benefits.
Keep in mind that your phone calls in jail will be monitored and recorded, as will in-person visits; do not share details about your case with anyone except your attorney, or members of your attorney’s staff.
Your Attorney
Make sure you keep in good contact with your attorney as soon as one is appointed. Your attorney will be the most reliable source of information and advice about what you should or should not do.
Avoid discussing your case with anyone else. The State will have the power to summon anyone you talk to and compel them to testify about statements you make.
Conversations with your attorney are protected by attorney-client privilege. Therefore, your attorney and their staff are the only truly safe people to talk to about your case. Be open and honest with your attorney. They work for you and you alone, but to do an effective job they need your trust.
How to Get a Public Defender
Public defenders are appointed by the court, and you must apply directly to the local court to be considered. You can find information on your jurisdiction at the following links: