With the growing unrest around New York City regarding Muslims - the 9/11 trial taking place here, Fort Hood, the article by an NYU professor - it is imperative for individuals to understand their rights under the law.
The Sardar Law Firm has developed a simple "Know Your Rights" checklist to help communities understand their rights. Please note this is not legal advice and you should consult an attorney if you are in any such situation.
Do I have to talk to law enforcement?
No. If law enforcement officers approach you, the only thing you must tell them is your name and provide them an ID if asked. Under no circumstances do you have to answer ANY questions.
So what do I do if I am approached?
Ask the officer if you are under arrest. If you are not under arrest politely wk away. DO Not Antagonize the officer. Be polite. If the officer places you under arrest, request an attorney right away. Do not answer any questions unless your defense attorney is there with you.
What does "waive your rights" mean?
When an officer asks you whether you want to waive your rights he is asking you to give up your rights under the Constitution. You should not sign any waiver or verbally waive your rights until you consult your defense attorney.
Is the prosecutor my attorney?
No. The US attorney, district attorney, or the prosecutor - that is NOT your attorney. They are not there in your best interest because they do not defend you. The are representing the government. Only your defense attorney will have your best interests in mind.
The best take away from this is: you have rights and you should not sign them away. Always ask for an attorney and do not talk to law enforcement without having your defense attorney present.
For more information please feel free to email Benish Shah at bshah@sardarlawfirm.com.
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