Your Miranda rights pocket card

Police officers do not have to read you your Miranda rights at the moment of arrest. They only have to read them before custodial interrogation. That means you may be questioned in the back of the cruiser, in the booking room, or even at the scene without ever hearing the warning.

You do not have to wait. The right to remain silent and the right to a lawyer belong to you from the moment of the stop. Use them.

What to say (exact words)

• "Am I being detained, or am I free to go?"
• "I am exercising my right to remain silent."
• "I want a lawyer."
• "I do not consent to a search of my person, my vehicle, or my home."

Say each of those phrases out loud. Then stop talking. Politely repeat them if asked again. Officers may keep talking after you invoke - that is a tactic. Keep silent.

What not to do

• Do not lie or give a false name. That creates a new crime.
• Do not consent to a search "to make this easier." Consent waives the Fourth Amendment.
• Do not try to explain or argue your innocence. Anything you say can be used.
• Do not resist physically, even if the arrest is wrong. Fight it later in court, with a lawyer.

After arrest

Ask to call a lawyer as soon as you are booked. If you cannot reach one, ask again every few hours. Family members can call the Law Office of J.M. Chema Garza at (956) 317-1167 or message the 24/7 WhatsApp line at (956) 500-1371. We will accept collect calls from county jail when possible.