Autistic Individual Resources Page
On this page you will find the following topics:
How Your Are Protected Against Discrimination
What to do if Law Enforcement Stops You
What to do if Law Enforcement Wants to Interrogate You
Supported Decision Making Agreements (SDMAs)
Where to Get Help
Private Defense Attorney
Public Defender
P&A Agencies*
The Arc
*Not all P&A’s accept criminal cases
How You Are Protected Against Discrimination
Title II of the Americans with Disabilities Act affects Public Programs and Activities including law enforcement, jails and prisons, and courts at both the state and federal level. You have the right to effective communication and the right to access programs and services. For a webinar by the Arc on your rights as a person with a disability in the Criminal Justice System click here.
What to do if the Police or Law Enforcement Stops You
The first question to ask yourself if whether YOU want to disclose your diagnosis to law enforcement. This decision is yours and yours alone to make. You should discuss the pros and cons of this decision with your family and support system and make a plan accordingly. If you decide that in the event of interaction with law enforcement you do want to disclose you should consider the use of a handout card. This card should contain important information about Autism and how it relates to you. Think about this as a cheat sheet for what you would want someone to know about you in a potentially stressful situation.
What to do if Police or Law Enforcement Wants to Interrogate You
Custodial interrogation occurs when a reasonable person would not feel they are free to leave. A good way for you to gauge this is simply to ask the officers; Am I free to leave?
If the officers say no and they proceed with questioning they should read you your Miranda Rights. The exact words given for Miranda differ across departments but generally include;
You have the right to remain silent.
Anything you say can and will be used against you in a court of law.
You have the right to an attorney.
If you cannot afford an attorney, one will be provided for you.
Do you understand the rights I have just read to you?
With these rights in mind, do you wish to speak to me?
You can find a great visual for the Miranda warning can be found here.
It is important to note that you must affirmatively waive your Miranda right, however, this where things get tricky. Affirmatively waive does not mean stating, “I waive my rights,” case law on this has demonstrated that there can be implied waiver. This means that you need to extremely careful here.
The best course of action is to invoke your right to an attorney immediately, you can do this by simply saying lawyer or attorney. At this point law enforcement must cease interrogation until you have legal counsel present. You may also invoke your right to remain silent but you must do this affirmatively, that means you just cannot remain silent, you must tell the officers that you are invoking your right to remain silent. You should NEVER speak to law enforcement without an attorney present.
It may surprise you to know the police officers are allowed to lie to suspects during interrogation, they are also allowed to use interrogation tactics that could make someone feel as if they need to respond. This behavior is legal and one of the reasons why you should always have legal counsel present during questioning. Your attorney can give you advice as to whether to answer or not answer questions. Below are potential avenues for representation.
Where to Get Help
Private Defense Attorney
Public Defender
P&A Agencies*
The Arc
*Not all P&As take on criminal matters
For guidance on selecting a private defense attorney please see that section under our Parent Resources Page.
Supported Decision Making Agreements (SDMAs)
If you are an Autistic adult but would like to have some support in making your decision you may consider getting a Supported Decision Making Agreement (SDMA). This agreement formalizes how many adults make decision, with the help of family and friends. You have the option with your SDMA of selecting the individual or individuals who you would like supporting you. All decisions are still ultimately up to you and you can select to withdraw the SDMA at any time.
You can find more information about Supported Decision Making Agreements here.
Currently there are 14 states that have SDMA statutes:
Alaska Colorado Delaware District of Columbia
Illinois Indiana Louisiana Nevada
New Hampshire North Dakota Rhode Island Texas
Washington Wisconsin
Please note that an attorney may recommend the presence of a support person if he or she believes that it is in your best interest. Please note that if you refuse to have another person present or involved in your case an attorney must honor this request.
Monica Palma, M.Ed., BCBA, Esq. is the author of this page.