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What To Do if Police Call You in for Questioning
What To Do if Police Call You in for Questioning
Law enforcement officers may call you in for questioning if they suspect you of committing a crime or are believed to know anything about a crime that may have been committed.
The police officer may already have a warrant for your arrest or merely be looking to obtain information by having you answer questions voluntarily.
One important point to remember in knowing what to do if the police call you in for questioning, irrespective of if you are a perfectly law-abiding citizen or a convicted felon, is that the police are not on your side once you are under investigation.
What To Do if Police Call You in for Questioning
You can say nothing worthwhile to the law enforcement officers except the following words: “I want to exercise my right to remain silent and wish to speak to a lawyer as soon as possible.”
You should never go to a police station alone.
Call our criminal defense lawyer, Attorney Nicole Blank Becker, at (248) 515-6583 or contact us using our web form and let us answer police questions for you.
What are the Possible Scenarios if the Police Call You In for Questioning
The law enforcement officers may call you in for questioning after having already decided to arrest you if they have enough evidence against you.
If they have a reasonable suspicion, they will be hoping to extract any information from you that lays the basis for a police arrest or a preliminary hearing.
If you have not been arrested, that usually means you are under no obligation to answer questions from police officers. You can confirm that by asking the police officer if you are obligated to come in to answer questions. If the answer is no, then you have no reason to go.
However, if you absolutely must go or consider it your duty to go, never go in for questioning without your criminal defense attorney present.
The law enforcement officers will read you the Miranda Rights if you have been arrested. The rights will state you have the right to remain silent and the right to a lawyer.
You must exercise both of these rights. Tell the police officer, repeatedly if you must, that you wish to remain silent and want to have your criminal defense lawyer present as soon as possible.
The police may appear at your house or workplace wanting to question or search you or your property. In that case, ask them if they have a search warrant. If they don’t, politely inform them that they can’t search you or your property. If they have a search warrant, read it carefully for your correct name and address.
In cases where law enforcement officers threaten to search you or your property anyway, don’t resist. You do not want to give them an excuse to arrest you for any criminal offense or use improper behavior against you. Any impropriety on the police’s part can be dealt with later by your defense attorney.
We at Blank Law, PC regularly deal with cases regarding police abuse, police impropriety, and false accusations cases.
What Happens During Police Interrogation and Various Techniques Law Enforcement Agencies Use to Get the Desired Results
Law enforcement officers receive professional training at the police academy and naval criminal investigative service in interrogation techniques designed to get guilty people to confess.
Unfortunately, these methods have proven equally effective in getting innocent people to confess and, more commonly, making fatal incriminating statements.
A recent study of 250 prisoners who were acquitted after DNA exoneration shows that an alarming 16% made false confessions after police questioning.
Hence you must call a criminal defense lawyer as soon as any law enforcement officer threatens and calls you to answer only the questions.
It is not uncommon for local police officers to lie while questioning you. With the lack of legal oversight, it has been seen in cases where the police will say anything that will get you to talk. They may tell you they will investigate family members to pressure you when they have no such intention.
Therefore, talking to the police is a no-win situation for both the guilty and innocent parties. The prosecution has every right to ask the government official to tell the jury only that part of your statement that seems to implicate you in the crime.
As a rule of thumb, you must not believe any word that an arresting officer says in an attempt to get you to waive your legal rights.
Why Having an Attorney Present During Police Questioning is Essential to Your Case
Imagine attending court proceedings against you without any legal counsel. Having a criminal defense lawyer present at pre-trial proceedings, such as police interrogation, has as much legal significance as a court trial.
A recent study suggested that, on average, the United States Congress passes a new criminal law every week.
It has resulted in thousands of obscure resolutions by every federal regulatory agency, such as the drug enforcement administration, custom enforcement, and homeland security, not to mention the even more significant number of criminal provisions regulated by various states.
Any of these provisions can potentially subject you to criminal prosecution, which is why you cannot succumb to your good consciousness in thinking you have nothing to hide and, hence, will speak to the police officer. This is why it is imperative that you call a defense attorney as soon as possible.
The prosecution can summon you for a grand jury subpoena or a counter-terrorism interview, and the result will weigh heavily on the success of your case. In these situations, we at Blank Law, PC will work aggressively to sway the grand jury in your favor and help you avoid the trial.
What Exactly You Should Say Under Interrogation by the Police and Federal Agents
You must ensure that you invoke your constitutional rights, which is not the same as staying mute. One of the factors in the United States Supreme Court ruling for the conviction of Genovevo Salinas was him remaining simply mute and not invoking his right to remain silent.
Furthermore, you need to end police questioning as soon as possible. If you are not under arrest, it may be the case that you are free to leave and all you need to do is tell the authorities just that.
If you are under arrest, an effective criminal defense lawyer will make your interrogation come to an end by posting your bail.
You must not lie to the police. Provide them with correct information when asked for your name and address. In cases of a traffic violation, ensure to give them the correct details such as license and registration number.
Any discrepancy on your part can be used against you later in a court of law. However, don’t go beyond this information. Immediately ask for your defense attorney and invoke your right to remain silent.
Do Not Plead the Fifth Amendment, Plead the Sixth!
Up until recently, it was considered perfectly normal for courts and the prosecution to object to a person who invoked his fifth amendment rights under police investigation in court.
However, the Department of Justice has now served an official notice saying that it believes the courts should allow a prosecutor to argue under any circumstances to use fifth amendment privilege in determining a person’s guilt.
Hence, invoke your sixth amendment right to call a lawyer.
Contacting a criminal defense lawyer is your fundamental constitutional right, and you should exercise that right assertively.
Hire Blank Law, PC
Many cases involve people succumbing to the intimidation of the local police officer’s questions and asking for their criminal defense lawyer timidly, then being persuaded otherwise by the experienced police interrogators.