Invoke Your Right to Remain Silent

Under the 5th Amendment to the US Constitution and provisions of the Alaska Constitution, you have the right to remain silent.  While virtually everyone has heard of “pleading the 5th” or “remaining silent,” it is tougher to do than it sounds.  Often, law enforcement officers apply subtle, or sometimes not so subtle, pressure to talk.  Some have gone to school to learn advanced techniques including various forms of trickery to obtain admissions or confessions.  Many are highly motivated to make their case by obtaining a confession.  You must resist this pressure.  Perhaps the best way to handle unwanted police questioning is to state firmly that you do not wish to talk to them, and would like to consult with an attorney before answering any questions.  Upon hearing such response, the police are legally required cease further questioning.  If taken to jail, do not talk to anyone at the jail about your case.  Some inmates will go to the police to make a deal for themselves if you discuss your case with them.  Also, do not discuss sensitive information about your case during or on the telephone.  These conversations may be monitored or recorded for “security purposes”.

Do Not Consent to Search

Under the 4^th Amendment and comparable provisions of the Alaska Constitution, you have a right to be secure in your person, property or papers from unreasonable or warrantless search and seizure. If you are asked to consent to a search of your person, your car, your home, your papers, your computer, politely say “No - not unless you have a warrant.”  Don’t fall prey to the ‘only guilty people have something to hide’ stratagem.  If they have a warrant don’t resist.  Ask for and keep a copy of the “return” (the receipt of items seized).  The constitution protects us all, but only if we use it. It won’t protect you at all if you consent to a search.

Get an attorney

Get an attorney right away.  Few problems are made better by procrastination.  If you are not going to be able to hire an attorney of your choice, contact the pretrial services department of the Alaska  Court System.  They can explain to you the steps needed to obtain court appointed counsel.  Besides calling an attorney you have the right to call a friend or relative for advice or help with bail.