Do I Have to Speak to the Police if I’m Being Investigated?

If you are being investigated for a criminal offense, you are never required to provide a statement to the police. This protection comes under your Fifth Amendment right against self-incrimination. Even if you did nothing wrong, you should not speak to the police. Even if you believe what you need to say will absolve you of any liability, you should also not speak to the police. In an attempt to clear up any confusion, you may end up facing criminal charges. In this blog, our Columbia criminal defense lawyer discusses what you should know about your rights following an arrest.

Your Constitutional Rights Following an Arrest

The Fifth Amendment affords U.S. citizens the right against self-incrimination, which includes the right to remain silent. In Miranda versus Arizona, the Supreme Court ruled that law enforcement must inform a person of their Constitutional rights if they are being detained for questioning. Since this ruling, police must read criminal suspects their Miranda rights following an arrest and before custodial interrogation.

Miranda rights consist of the following elements:

• You have the right to remain silent (you can refuse to answer the police’s questions);
• Anything you say can and will be used against you;
• You have the right to have an attorney present; and
• If you cannot afford one, one will be appointed for you.

After being read your Miranda rights, if you wish to take advantage of your Constitutional rights, you should say something along the lines of “I invoke my right to remain silent.” By not responding, the police officer may not know if you understood what was said to you or if there is a language barrier prohibiting you from comprehending.

The Right to an Attorney During Custodial Interrogation

If the police are questioning you and you are not free to leave, then you are under custodial interrogation. Both the Constitution and Missouri law stipulate that a person has a right to have an attorney present during custodial interrogation. Once you invoke your right to remain silent, the police must stop any further questioning until counsel is present. If the police continue to question you, remain silent until your lawyer arrives.

Police Officer Tactics to Get Information

The police want to get information and will likely try various tactics to get you talking. While you may think that the police officer is working in your best interest, your welfare is the least of their concerns. Law enforcement is interested in pursuing any means to gain valuable information. If you admit to being near the scene of a crime or coming in contact with a former acquaintance associated with the crime, this information could later be used against you.

At Landon Miller Law, our Chambersburg criminal defense lawyer is deeply familiar with the ploys that law enforcement will use to get information. If you have answered a police officer’s questions due to an officer threatening or deceiving you, we will seek to get this testimony thrown out. Moreover, if you were not read your Miranda rights, we will move to have any testimony you provide during custodial interrogation discarded as well.

Aggressive Representation From Our Chambersburg Criminal Defense Lawyer

The Chambersburg criminal defense lawyer at Landon Miller Law knows that questioning by law enforcement can be intimidating. If you have reason to believe that you are under investigation or have recently been questioned by a police officer following an arrest, it is not too late to retain a defense lawyer. An attorney can explain your rights and provide aggressive representation on your behalf. To schedule your free consultation, contact us online or by calling (573) 658-1919 at your earliest convenience.