Pre-Arrest Interrogation And Post Arrest
Should I Talk To The Police?
It is usually best to make no statement and sign nothing if you are suspected of a crime. This is true whether you believe you are innocent or guilty of a crime.
If the police are investigating you, you may or may not be aware of it. At some point, they may ask you to come into the station and give a statement. You may believe this is your chance to tell your side of the story. Understand that this is a challenging time for anyone accused or under investigation for a crime.
Constitutional Protections
The police must comply with 4th Amendment search and seizure laws which limit both the legal pretense for the search, and its scope based on the degree of type probable cause the investigating officer may have.
Criminal Defense Lawyers Advice
Do not speak with the police – even if you are not guilty of a crime. Instead, assert your right to consult with an attorney immediately.
Your lawyer will intercede on your behalf and speak to the detectives. This can result in result in charges not being filed against you. Most importantly, doing so will keep you from giving a statement that might ultimately be used against you.
Can I Be Arrested Without Evidence?
The police can arrest you only if they have probable cause to believe you have committed a crime. Once they have probable cause, they can arrest you in several ways:
- If they believe you are not a flight risk, they may submit your case to the prosecutor’s office, who in turn will send you a letter in the mail asking you to appear for arraignment;
- They may ask you to voluntarily surrender yourself at the police station. Under the second and third scenarios, your best bet is to hire a criminal defense attorney immediately;
- The police can cuff and arrest you immediately and transport you to the police department for interrogation.
Even statements made by you that you believe will convince law enforcement of your innocence can be damaging. For example, the police may not know whether you were even in the area of an alleged crime.
If you make a statement to the police saying that you were there and knew about the incident but had nothing to do with it, the police will no longer need to prove your presence at the scene of the crime or your knowledge of the crime. You have done that for them.
Your Constitutional Rights Upon Arrest
- The police are obligated to read you your rights at the time of your arrest unless your presence is causing a threat to public safety.
- You have the right to make a phone call. It is best to call a reliable and trusted family member or friend.
- You have the right to remain silent; a right best observed because anything you say will probably be admissible in court later on.
- You have the right to an attorney. The police must inform you of the charges against you before booking.
- You have the right to a prompt hearing and a speedy trial.
- You have the right to confront and cross-examine your accuser as well as call witnesses on your behalf.
- You have a right to a bail hearing.
- You can’t be tried for the same crime twice. However, you can be additionally penalized if you have prior drunk driving convictions or have violated your probation terms.
- If you’re convicted, you can’t be punished cruelly and unusually.
Consult With A Criminal Defense Lawyer
Should you have specific questions or require additional information about your legal rights and obligations, we advise you to consult with a verified online Criminal Defense Lawyer about your case as soon as possible.
