Speaker 1: Hi, I'm Jason Flam and I'm the host of Wrongful
Speaker 1: Conviction with Jason Flam And I'm Robbiah Audrey, attorney and
Speaker 1: co host of Undisclosed. We want to talk to you
Speaker 1: today about your rights and how they relate to interactions
Speaker 1: with the police. So, Robbia, let's say someone's unlucky enough
Speaker 1: to have witnessed a crime or become a person of
Speaker 1: interest in a police investigation, someone the police want to
Speaker 1: speak with in connection with a crime. Now, you've done
Speaker 1: nothing wrong, and even though logic would tell us that
Speaker 1: an innocent person doesn't need to protect themselves, we both
Speaker 1: know that time and time again, that's often when you
Speaker 1: need the protection the most. So what are some ways
Speaker 1: that I, or you, or anyone could protect themselves in
Speaker 1: this situation. Well, the first thing you got to figure
Speaker 1: out is whether or not you're being detained. So ask
Speaker 1: ask am I being detained? If you're not being detained,
Speaker 1: ask if you're free to go? Now. The police can
Speaker 1: detain somebody for a very brief period if they have
Speaker 1: quote reasonable suspicion of involvement in a crime, But to
Speaker 1: make an arrest they have to have probable cause. It's
Speaker 1: a higher standard. If their question you publicly, it's generally
Speaker 1: considered a detention, and if it's out of you the public,
Speaker 1: it can be construed as an arrest. Now, if you're
Speaker 1: told that you are not free to go, you're being
Speaker 1: detained or arrested, then you should reassert your right to
Speaker 1: stay silent and refuse to consent to a search. If
Speaker 1: you have been arrested, always, always, always ask for an attorney,
Speaker 1: ask no questions, and sign nothing. Remember, if no one talks,
Speaker 1: everyone walks. Just don't be talked into cooperating with the police.
Speaker 1: I promise you. It can never help you. It can
Speaker 1: only hurt despite what they may say to you. And
Speaker 1: let's not forget they're allowed to lie to you. They're
Speaker 1: legally allowed to lie to you in the interrogation room.
Speaker 1: So do not say a word because anything you say
Speaker 1: can it will be held against you. That's not hyperbole.
Speaker 1: You will get yourself in a jam that even we
Speaker 1: can't get you out of. And we see it time
Speaker 1: and again. And if you've read your miranda right, don't,
Speaker 1: under any circumstance waive them. Reaffirm your demand for an attorney,
Speaker 1: and you're right to remain silent to learn more and
Speaker 1: get involved. Listen to Undisclosed. I listened to it and
Speaker 1: I hope you do too. And listen to the Wrongful
Speaker 1: Conviction podcast. These are your legal rights. Know your rights,
Speaker 1: understand your rights, and exercise your rights.