Summary
A person of interest is someone law enforcement believes may have information about a crime. They are not suspects but may be questioned. In New York, they have the right to remain silent and request an attorney before answering questions. If questioned, they can request a public defender if they cannot afford an attorney. Exercising the right to remain silent involves clearly stating the desire to speak to an attorney and not answering questions.Full Conversation
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A "person of interest" is someone whom law enforcement authorities believe may have information related to a crime or a criminal investigation. They are not formally accused or arrested but may be asked to provide information or questioned.
Is there a specific situation you're dealing with?
Do they have to talk to the police?
In New York, a person of interest is not required to talk to the police. They have the right to remain silent and can request an attorney before answering any questions.
Would you like more specific information or guidance on this matter?
What is the right to remain silent and the right to request an attorney before answering any questions?
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In New York, the right to remain silent and the right to request an attorney are part of your Miranda rights. Here are the key points:
- Right to Remain Silent: You don't have to answer any questions from law enforcement.
- Right to an Attorney: You can request an attorney's presence during any questioning.
Is there a particular situation you are concerned about?
How can you request an attorney's presence during any questioning, if you don't have an attorney?
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In New York, if you are being questioned by law enforcement and don't have an attorney, you can request a public defender. Here’s what you can say:
- Clearly state, "I want to speak to an attorney."
- If you can't afford one, say, "I cannot afford an attorney. I request a public defender."
Is there a specific situation you're dealing with?
What if the police are asking me incriminating questions?
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In New York, if the police are asking you incriminating questions, you should:
- Exercise your right to remain silent: You are not obligated to answer questions.
- Request an attorney: Clearly state, "I want to speak to an attorney."
Are you currently involved in a situation where the police are questioning you?
What is an example of exercising my right to remain silent?
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An example of exercising your right to remain silent would be:
If a police officer asks you, "Where were you on the night of the crime?" you can simply say, "I am exercising my right to remain silent and I would like to speak to an attorney."