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If you are arrested, police are of course allowed to ask questions to establish your identity: your name, address, date of birth and Social Security number. Beyond that, as a general rule it is best to treat law enforcement officers with courtesy but to refrain from answering questions beyond identification unless so advised by your lawyer. Remember that everything you say is “on the record.” Remaining silent is always your right. Officers may press for information about the case or even a confession because it is in their interest to get on with their investigations. However the wisest course for you is to keep silent and ask your lawyer to guide you. SILENCE IS GOLDEN. If you are questioned about anything other than your identity, say "I want to talk to a lawyer." Do not say anything else.
When you are booked, the details of your case are made part of the police records and you may be fingerprinted and searched. Your personal effects will be inventoried and put away to be returned when you are released; you should receive a receipt for these items. You will be allowed to make at least one phone call and then you will most likely be put into a cell to await your meeting with the Magisterial District Judge (formerly District Justice). Some police departments allow some prisoners to make several phones calls but permission may hinge on your attitude and actions while you are in custody. Visiting privileges may also hinge on your behavior.
You should be aware that once you are under arrest, you have limited rights to privacy. The only “privileged” communication — that can not be used against you — is between you and your counsel. Since officials can legally listen to your other conversations you must remember that anything you say to others can be used against you. Discussions with your religious adviser, personal doctor or therapist may be privileged but laws are changing and you should ask your attorney.
Your should be careful of your behavior while you are in custody. Do not trust other inmates who could become informants against you. You should accept nothing from them and should certainly refrain from fighting or other negative action. You should remember that police officers are not responsible for determining your sentence so they can not make definitive promises about leniency. In Pennsylvania it is the prosecutor and the Judge who bring about those decisions in criminal justice cases.
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