In New York State, you’re entitled to the right to remain silent. You’re not required to speak to a police officer. If you were not deemed free to leave and the officers interrogated or questioned the subject, they’re entitled to have the officer provide Miranda warnings. In many instances, the officers don’t provide Miranda warnings. They are given some lead way in a traffic stop when they’re investigating either a traffic infraction or if there’s criminal activity that they can see and later testify to as to what their observations were that would trigger a further inquiry in a back and forth with the individual who’s stopped behind the wheel.
Generally, your Miranda warnings allow you not to offer incriminating evidence against yourself by the way of statements. Most individuals may not be aware as to that right and when they advise the officer they don’t want to speak with them any further, the officers may treat that in a negative way. However, you have the right to remain silent and not offer evidence against yourself.
The Law Office of Kevin T. Conway is a legal resource for the people of Rockland County facing criminal matters, including drug crimes, violent offenses, DWIs, gun crimes, juvenile matters, and much more. If you need our legal services, contact our Spring Valley office for a consultation.