Do I have the right to remain silent?

Passion, Knowledge & Experience

When I was arrested and charged with two Misdemeanors, I was not only stunned but pretty scared too. I had never been arrested before and knew nothing of the process. Adam defended me with passion, non-judgment and thorough knowledge and experience of the law that I would have been utterly lost without. My record will be clean and I couldn't be happier. Myself, my family, friends and community are eternally grateful. THANK YOU, ADAM!! *****

Innocent and Facing Charges That Would Have Ruined My Life

"I had just recently graduated from law school and was awaiting my bar exam when I was charged with 3 class D felonies. Adam was incredibly invested and attentive from the beginning of my case. He greatly exceeded my expectations in how often he took the time to come visit me in jail with updates. He calmly talked my wife through the issues and helped her understand what was going on. Adam believed in me and took the case to jury trial in Monroe County Court. His courtroom performance was excellent, combined with a solid grasp of litigation procedures and law. The jury verdict was not guilty on the 3 counts. I WAS DISCHARGED AND ACQUITTED ON ALL COUNTS. Worst-case scenario I was looking at 21 years in prison, and instead today I have my life back."

Amazing lawyer

He is a very professional and well organized individual that will work with you not against you in any situation, and does his best to defend you and your rights in court. I would highly recommend P. Adam Militello for anyone in need of his services he provides. Avvo *****

Do I have the right to remain silent?

You *always* have the right to remain silent. In fact, the minute a police officer begins talking to you about any sort of crime, the first thing you should say is, "I don't want to speak without a lawyer present." That should also be the last thing you say.

Most people don't understand how they were supposed to remain silent or refuse DWI field sobriety tests when "some cop with a gun is standing there screaming at you." They have a good point. It's scary to tell a police officer that you aren't going to do what they ask, because most of us have been trained our entire lives to be good citizens, tell the truth, and do what the police officer tells us to do. Most of us have never been pulled out of our car, handcuffed, arrested, and put into a patrol car. Most of us never want to have that experience, and we think/hope/pray that if we tell the truth - that we had two glasses of wine with dinner (and that was an hour ago) - that the police officer will let us go home. Sometimes that happens. I've heard two stories with that happy ending during the last ten years. But the story I usually hear is,

"Really, I only had two glasses of wine all night - how did I blow a .12?!"

You have the right to remain silent. If a police officer asks if you have had anything to drink, you have the right to say, "I'm sorry, I never answer law enforcement questions without my lawyer." Will the cop yell and scream? Maybe. Will he or she arrest you? Probably. But personally, I would rather get arrested without providing any evidence to convict me than hand the prosecutor her entire case, gift-wrapped.  

If you have been charged with a crime, first ask for a lawyer. Then call The Militello Law firm at (585) 485-0025. The call is free.

The Militello Law firm
2480 Browncroft Boulevard
Rochester, New York 14625
Phone: (585) 485-0025 Fax: (585) 286-3128