When Should I Talk to the Police?

People who are under criminal investigation always ask, ” When should I talk to the police?” People have a natural inclination to want to talk to the investigating detective in order to clear their name. The only correct answer to that question is ” When your lawyer tells you to talk to the police.”

Some individuals who are under investigation and feel that they have done nothing wrong and won’t even sit down and discuss their situation with a criminal attorney. They mistakenly believe that the very act of consulting with a criminal lawyer will be interpreted by law enforcement as a sign of guilt. Most experienced police investigators actually don’t hold it against a person for talking with an attorney. Believe me, if a police officer comes under criminal investigation, they immediately seek counsel with a criminal attorney.

The fact that an individual under investigation and consults or hires a criminal attorney can’t be used as evidence in a criminal trial against the defendant. The courts recognize that people have an absolute right to legal representation and won’t allow a prosecutor to use that as evidence against them in a criminal trial.

In the end it is the criminal attorney who must make the decision whether a client should interview with law enforcement. That decision can only be made after the criminal attorney has had time to investigate the case and then decide what is in the client’s best interest. If the criminal lawyer decides the client should speak the police, he will always come with the client and be present in the interview room. That way the attorney can stop the interview at any point he feels it’s in the client best interest. 

Other times after interviewing the client and investigating the case the criminal lawyer will advise the client not to interview with the police. He may have determined the police don’t have enough evidence to g0 forward with an arrest and an interview with the client might provide the police with that evidence. The client should lawsy follow the lawyers advice in this area.

March 12, 2020 CRIMINAL DEFENSE, Legal Advice No comments yet

Do the Police Always Have to Read Me My 5th Amendment Rights Before They Ask Questions?

New clients often ask this question. ” Does a police officer always have to read the Miranda Rights to you before he can ask you questions.” The short answer is no. Most folks believe that they walk around protected by the 5th amendment at all times. In reality the 5th amendment and it’s protections apply only in certain situations.

For the 5th amendment to apply the defendant must be in custody. He must be detained by the police and not free to leave. Whether a person is legally detained can be a fact question determined by a judge in a motion to suppress.

If a police officer is merely asking questions of a citizen on the street then all of the answers given can come into evidence at a trial. Since the defendant wasn’t under arrest at the time of questioning there is no requirement for the officer to read the defendant his Miranda Rights. Smart detectives will often conduct “soft” interviews on the street. They may come back several times for more interviews. Often times they get contradictory answers from the suspect which can be very damaging for the defendant at trial. That’s why it is always a good idea to talk to a criminal lawyer before you ever interview with the police.

May 11, 2019 5th Amendment No comments yet