“I will not talk. I want my lawyer”

1. FDLA First Defense Legal Aid “I will not talk. I want my lawyer”

2. Miranda Warning… • 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 an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?” • http://mirandawarning.org/whatareyourmirandarights.html

3. What needs to be said? Your name…Your address…your phone number…your date of brith…

4. To invoke your Miranda Rights • State “I will not talk. I want my lawyer.”

5. What do your Miranda rights mean? - The right to remain silent.-Your Silence cannot be used against you in court.-The right to not be questioned by police without your lawyer present.

6. Who will protect your rights? • Only you and your lawyer! • Do not talk to the State’s Attorney They work with the police to send you to jail. • Do not talk to Youth Officers It is not the job of the police officers to protect juveniles’ rights. A juvenile CAN be questioned without a parent/ guardian.

7. How we got here (Court cases) • Miranda v. Arizona Miranda was arrested at his home and taken into custody. He was interrogated by two police officers for two hours, which ended with a signed and written confession. At trial the confession was presented to the jury, and he was found guilty of kidnapping and rape. He was sentenced to 20-30 years in prison on each account. He appealed and lost in the Supreme Court of Arizona. • The Federal Supreme Court ruled that “there can be no doubt that the Fifth Amendment privilege is available outside the criminal court proceedings and serves to protect persons in all settings in which their freedom of action is curtailed in any significant way from being compelled to incriminate themselves”. • The conviction was overturned by the Supreme Court and Arizona retried him. At the second trial, his confession was not introduced as evidence. Miranda was once again convicted and sentenced to 20-30 years in prison. • What is the Fifth Amendment?

8. United States Constitution;Fifth Amendment • No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

9. Court Cases cont… • Terry v. Ohio Brought to the Supreme Court to evaluate the issue of police officers invading the personal space of citizens, while not having probable cause. After a police officer witnessed three associated men walk past and peer into a store window multiple times, he approached them and asked their names. After they mumbled incoherently, the officer grabbed the man in the middle and patted down the outside of his clothes. The officer felt a hand gun in the left breast pocket of the coat. • “Terry frisk” “Stop and frisk”

10. United States Constitution; Fourth Amendment • The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

11. United States Constitution; Sixth Amendment • In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

12. Why to remain silent? • A confession cannot help you, even if you are guilty. • You may accidently tell a lie, even if you are innocent. • You can always give the police some piece of information that could be used to convict you. • The police might not remember your testimony with 100% accuracy. • Your answers can be used against you. • The police officer may think your answer was false.

13. What does a conviction mean? • You pled guilty-told the judge you were guilty in exchange for a deal. • You went to trial, and the judge decided that you were guilty. • You went to trial, and a jury decided that you were guilty. • Your case ended with probation, conditional discharge, a fine, time served, or a jail/ prison sentence.

14. How does a conviction on my record affect my life?

15. Where I live. • If you are convicted of a drug crime or a violent crime, you cannot live in public housing for 3 years. • If you are convicted of a sex crime, you can never live in public housing.

16. Where I work. • On a job application, employers can ask if you have any convictions. • Employers run background checks on applicants. • Even if the case got thrown out or you did not get convicted, your record will still show that you got arrested.

17. Going to College. • Colleges may also run background checks or ask about your criminal record. • If you have convictions for possession of certain drugs (cocaine, heroin, oxy, or ecstasy) you might not be able to get financial aid.

18. Dealing with police on the street. • Do not run away. • Do not try to fight back. • You do need to say four things. • Name • Address • Phone Number • Date of Birth

19. How do you get a lawyer at the police station? • Call First Defense Legal Aid • 1-800-LAW-REP-4 • (1-800-529-7374) • FDLA provides free (yes it really is free) 24-hour legal aid for people in Chicago Police custody.

20. Remember… “I will not talk. I want my lawyer.”