Key Takeaways
- 01Most criminal cases are lost in the first 5 minutes — before a lawyer ever gets called — because people talk when they should stay silent.
- 02Under Salinas v. Texas (2013), silence alone is not protection — you must say the words out loud to invoke your Fifth Amendment right.
- 03Police are legally allowed to lie to you during questioning under Frazier v. Cupp — no detective conversation is ever truly off the record.
- 04Never consent to a search of your car, phone, pockets, or home — once you say yes, your lawyer cannot fight that search later.
- 05For non-citizens, even a minor plea can trigger deportation under Padilla v. Kentucky — criminal and immigration counsel must coordinate.
Use This Today
Use This Today
A printable, fold-it-into-your-wallet rights card. EN + ES on one page.
Print this. Cut along the line. Fold once. Keep one card in your wallet, one in your glove box, one by the front door. If you are questioned, stopped, or approached by police or ICE — hand it over. Do not say a word. Let the card speak. This is what works.
The Rights Card — Print, Cut, Carry
01 ACTION
The 3 Sentences You Must Memorize
I am going to give you three sentences. Memorize them. Practice them in the mirror. Teach them to your spouse, your kids, your parents. These are the words that protect your freedom:
- I am invoking my right to remain silent.
- I want a lawyer.
- I do not consent to any search.
Say all three. Say them calmly. Say them once, clearly, and then stop talking. Not about the weather. Not about your job. Not about how long you have been in this country. Nothing.
At a traffic stop, after you hand over license, registration, and insurance, add a fourth question: Am I free to go? If the officer says yes, leave without another word. If the officer says no, you are detained — go back to sentences one, two, and three. Do not argue. Do not explain. Do not run. Do not resist physically, even if you believe the stop is illegal. Your lawyer fights that battle in court, not you on the side of the road.
02 ACTION
Your 4 Constitutional Rights
Four amendments shield you. Know them by name.
Fourth Amendment — no unreasonable searches or seizures. Police can ask permission, and if you say yes, they do not need a warrant. Say no. Always.
Fifth Amendment — no person shall be compelled to be a witness against themselves. Critical: in Salinas v. Texas, 570 U.S. 178 (2013), the Supreme Court held that silence alone can be used against you at trial. You must affirmatively invoke the right out loud.
Sixth Amendment — right to counsel. Under Gideon v. Wainwright, if you cannot afford a lawyer, one is appointed. Under Edwards v. Arizona, once you ask for a lawyer, the interrogation must stop.
Miranda only applies during custodial interrogation — not every police contact. That is why this rule is simple: invoke your rights every single time, custody or not. Detectives are trained to make voluntary conversations feel friendly so Miranda never attaches. Friendly is the trap.
03 ACTION
At Your Home — ICE or Police at the Door
Knock on your door at 6 a.m. is not a reason to open it. Speak through the door. Stay calm.
Ask one question: Do you have a warrant signed by a judge? Then ask them to slide it under the door or hold it up to a window. Read it carefully.
A judicial warrant is signed by a judge or magistrate, names your address, and authorizes entry. An ICE administrative warrant — Form I-200 or I-205 — is signed by an ICE officer, not a judge, and does NOT give them legal authority to enter your home without your consent. If what they show you is an administrative warrant, you do not have to open the door. Say so, respectfully and clearly: I do not consent to entry.
If they have a valid judicial warrant: open the door, do not resist, but do not answer questions. Say the three sentences. Memorize officer names and badge numbers. Do not sign anything. Tell every adult and child in your household this protocol before you ever need it.
04 ACTION
Social Media After Arrest — Total Silence
The moment you are charged or arrested, your phone becomes evidence. Treat it that way.
Do NOT post about the case — not even I did not do it or this is unfair. Do NOT delete posts, photos, messages, or your accounts. Deletion is destruction of evidence, and under 18 U.S.C. §1519 it can become its own federal charge — obstruction of justice. Do NOT message victims, witnesses, or co-defendants. That is witness tampering.
Do NOT accept friend requests from people you do not know — police use undercover accounts, documented repeatedly in NC and FL cases. Do NOT talk about the case on the jail phone. Every call is recorded except calls to your attorney (18 U.S.C. §2510).
What you CAN do: set every account to private without deleting anything that already exists. Stop posting until the case is closed. Tell your attorney everything that is already public. Assume the prosecutor will read every comment, every like, every reel. Because they will.
05 ACTION
Bail and Bond — North Carolina and Florida
After arrest, a magistrate sets a bond — the amount required for release pending trial. NC G.S. §15A-533 and §534 govern in North Carolina. Fla. R. Crim. P. 3.131 and Fla. Stat. §903 govern in Florida.
Five bond types in NC: (1) Written Promise — sign and go, no money. (2) Custody Release — someone signs and assumes responsibility. (3) Unsecured Bond — pay only if you fail to appear. (4) Secured Bond — pay before release, cash or property. (5) No Bond — you stay in custody (capital cases, DV with firearm, repeat offenders).
Florida uses similar types, often with an automatic bond schedule, plus a First Appearance hearing within 24 hours.
A bondsman charges 10–15% of the bond, non-refundable. Miss court and your family loses the collateral. ICE TRAP — and this is critical for non-citizens: a criminal bond does NOT release an ICE detainer. You can post bond, walk out of county jail, and ICE takes you straight into immigration custody. You need separate immigration counsel for the ICE bond. Two systems. One firm that handles both.
Frequently Asked Questions
Q. Can police search my phone without a warrant?
No. Under Riley v. California, 573 U.S. 373 (2014), the Supreme Court held that police need a warrant to search the contents of a cell phone — even after a lawful arrest. Do not unlock your phone. Do not give your passcode. Say: I do not consent to a search of my phone.
Q. If I am innocent, won't talking to police help me?
No. Police build cases — they do not decide them. Innocent people talk themselves into charges every day by guessing at facts, contradicting themselves under stress, or trying to be helpful. Only the prosecutor decides what to file, and only after charges. Stay silent. Let your lawyer talk.
Q. Do I have to identify myself to police?
It depends on the state and the situation. In NC and FL, during a lawful traffic stop you must provide license, registration, and proof of insurance. Outside of that, give name and date of birth if asked, then invoke the three sentences. Do not volunteer anything else.
Q. What if police already started questioning me before I asked for a lawyer?
It is never too late. Under Edwards v. Arizona, the moment you say I want a lawyer, all questioning must stop. Anything you already said may be challenged later with a motion to suppress. Stop talking immediately and call us — 1-844-967-3536.
Q. Will asking for a lawyer make me look guilty?
No. It is your constitutional right under the Sixth Amendment, and a jury never hears that you asked. Police are trained to tell you the opposite to keep you talking. That is a tactic, not the truth. Asking for a lawyer is the smartest thing an innocent person can do.
Free Help in NC + FL
Free Help You Can Trust
Public defenders, civil rights orgs, expungement clinics — free or sliding-scale.
Everyone deserves a defense. These are the people who provide it even when you cannot pay.
01 NC Indigent Defense Services (IDS)
Coordinates appointed counsel statewide in NC. Start here if you cannot afford a lawyer in any NC county.
(919) 354-7200 · https://www.ncids.org
02 Florida Public Defender Association
Directory of every elected Public Defender by judicial circuit in Florida. Find the office for your county.
(850) 488-6850 · https://www.flpda.org
03 ACLU of North Carolina
Civil rights legal help — police misconduct, unlawful searches, First Amendment, protest arrests.
(919) 834-3466 · https://www.acluofnorthcarolina.org
04 ACLU of Florida
Civil rights legal help statewide — police misconduct, ICE detention, voting rights, protest arrests.
(786) 363-2700 · https://www.aclufl.org
05 Legal Aid of North Carolina
Free civil legal help for low-income North Carolinians, including expunction clinics and re-entry support.
1-866-219-5262 · https://www.legalaidnc.org
06 National Lawyers Guild — Mass Defense Hotline
24/7 hotline for protesters and activists who have been arrested or detained. Connects you to volunteer counsel.
(212) 679-2811 · https://www.nlg.org/massdefense
07 NC Justice Center — Second Chance / Expunction
Statewide guidance on clearing eligible NC records under Second Chance Act (G.S. §15A-145.5).
(919) 856-2570 · https://www.ncjustice.org
08 Florida Rights Restoration Coalition
Helps Floridians with felony records restore voting rights, find re-entry support, and pay court costs.
(407) 901-7141 · https://floridarrc.com
09 National Domestic Violence Hotline
24/7 confidential support for domestic violence survivors, including safety planning and legal referrals.
1-800-799-7233 · https://www.thehotline.org
10 Vasquez Law Firm — Free Consultation
Bilingual criminal + immigration coordination. We take the call when you cannot pay anyone else.
1-844-967-3536 · https://vasquezlawfirm.com/contact
Before You Call Us
Before You Call Us (or Anyone Else)
15 minutes of prep = a real defense strategy in the first meeting.
When you walk in with this list ready, we can give you a defense — not a question list.
- 1. 1. Charging documents — citation, summons, arrest warrant, indictment, or magistrate's order of commitment. Bring every paper, front and back.
- 2. 2. Date, time, and exact location of arrest or first police contact — street address, intersection, mile marker, or business name.
- 3. 3. Names and badge numbers of every officer involved — including the officer who pulled you over, the officer who searched, and the officer who booked you.
- 4. 4. Witnesses to the incident — yours and theirs. Full names, phone numbers, and what each person saw or heard.
- 5. 5. Whether Miranda was read — the exact words used, when they were said (before or after questioning), and whether you said you understood.
- 6. 6. Whether you said anything to police — every word, including small talk, jokes, or apologies. Write it down even if it feels harmless.
- 7. 7. Whether you consented to any search — of your car, phone, pockets, bag, home, or hotel room. If you said yes, write what they asked and what you said.
- 8. 8. Any property seized or evidence taken — vehicle, phone, cash, documents, weapons, drugs, electronics. Get the property receipt.
- 9. 9. Your full criminal history — NC, FL, every other state, federal, juvenile, and any out-of-country record. Dismissed cases count. Honesty here protects you later.
- 10. 10. Your immigration status — citizen, LPR, visa, DACA, TPS, asylum pending, undocumented. Critical for Padilla v. Kentucky analysis. We do not report status to ICE.
- 11. 11. Bond/bail amount, conditions of release, and your next court date — bring the bond paperwork and any release order.
- 12. 12. Names of co-defendants or alleged accomplices — and whether you have spoken to them since the arrest (even one text matters).
5 minutes with police can cost 5 years of your life.
If you have been questioned, charged, or arrested — call before you say another word. Free, bilingual, confidential. We answer 24/7.
1-844-YO-PELEOGo Deeper — The Full Guide
Read the full guide:
Criminal Defense Guide →