Since I began practicing law, a vast majority of my clients have asked similar questions: "Can I refuse to speak to the police? Am I allowed to have an attorney present during questioning? Am I allowed to refuse to allow the police to search me or my property?"

The answer, of course, is a resounding "YES!" The U.S. Constitution guarantees against the right of self-incrimination. When an individual does not wish to speak to a government authority, however, he or she must actively INVOKE their rights. A person may invoke their right to counsel, including the right to have an attorney present DURING QUESTIONING, the right to remain silent, and the privilege against self-incrimination, as provided in the Fifth, Sixth, and Fourteenth Amendments to the Constitution of the United States. Such invocations should always include all of the rights available under Miranda v. Arizona (1966) 384 US 436, 16 L Ed 2d 694, 86 S Ct 1602, and Edwards v. Arizona (1981) 451 US 477, 68 L Ed 2d 378, 101 S Ct 1880. This includes, but is not limited to, the Fifth and Sixth Amendment right to counsel.

How can you invoke these rights? Simply tell the police you do not wish to speak to them and you want to speak to an attorney. Of course, knowing you have the right to remain silent and invoking that right are two different things entirely. Telling a police officer something he does not wish to hear can be intimidating: it may not be easy to tell a man with a bulletproof vest and firearm on his hip that you do not wish to answer his questions! Police are also very sophisticated in their attempts at convincing someone to speak to them and can trick you into saying things you do not wish to discuss.

That is why I have provided a free Invocation of Rights card. Simply download and print the card, being sure to fill in your name on the back. If an officer ever questions you regarding possible criminal activity, hand him your Invocation of Rights card and notify him that you wish to contact an attorney immediately.

If you do not have access to a printer, please contact me and I'll send you some in the mail.