In any law enforcement situation, you have rights as a citizen and person, and should inform yourself as to those rights. It is a well known and documented fact that the police or government may not enter your home or business with the intent to search it without a warrant or other formal court order allowing them to do so. If someone in charge on the premises is asked by law enforcement for permission to search the home or business, it is definitely within their rights to refuse entry and decline to speak to them until after speaking with an attorney.
If the police or government agents appear at your door with a search warrant you are to step aside and allow them entry, and the police may detain you there while they search. In every case the owners and residents are permitted to observe the search as it is conducted. When they are finished with their search, you should receive a copy of the warrant, and receipts for anything seized during the search. You need to contact an attorney immediately after a search by law enforcement.
You are not required to speak to agents however, and should remain calm if possible and avoid chatting nervously in particular. Government agents tend to have an intimidating and commanding presence, however they are just like you and I, and are merely doing a job. Decline any offers of an interview and contact your attorney immediately.
You may speak to them if you choose to, and place limitations on your conversation, such as topics you will and will not discuss, where and when you will permit them to interview you, and the length you will agree to. Remember that any statements that are made to you by government agents concerning leniency or agreements made verbally are not binding on the government and as such should be entered into lightly. Obtain any and all agreements in writing and in the presence of your attorney for the protection and safe-guarding of your rights.
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The Law Office of John L. Calcagni III offers clients representation in the areas of Criminal Defense, Military Defense, Federal Criminal Defense, OUI Defense in MA , and Assault and Battery matters. John L. Calcagni, III is licensed to practice in state and federal courts in the States of Rhode Island, Connecticut, New York, Florida, and the Commonwealth of Massachusetts.
Please call (401) 351-5100 to arrange for a free consultation about your case. If you cannot make it to one of our offices, we will to come to your home or detention center.
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