If you are a suspect in a crime, there are several ways a police officer may try to question you. Even if they do not suspect you of a crime but are just gathering information, it is important to understand these ways they question people. It is even more important to contact a criminal defense attorney before you talk to the police.
- A Voluntary Encounter
- A Temporary Detention
- After an Arrest
This is an interaction in which you are free to leave whenever you would like. The police do not need a warrant, probable cause, or any other type of evidence for a voluntary encounter. If they indicate to you in any way that you are not free to leave then the situation is no longer voluntary.
If the police believe they have “reasonable suspicion” to believe that a crime has been committed and that you were involved, they can question you via temporary detention. Note that even very common behaviors and actions can be considered reasonable grounds for suspicion. Courts typically side with the police but there are laws that protect you from being detained – even temporarily – based on nothing more than a feeling the police may have.
In the event that probable cause is present, the police officer can arrest you. This is well beyond a simple questioning. However, note that just because you are under arrest does not mean that you are required to talk to the police. In fact, just the opposite is true: You have the legal right to remain silent and request a criminal defense attorney.
Do Not Talk to the Police Without a Lawyer Present – Even if You Have Committed No Crime
One of the biggest mistakes you can make is to assume that talking to the police is fine if you have not committed a crime. Some people feel that refusing to talk to the police may make them think you are guilty. Remember that it really doesn’t matter what the police think – the only thing that matters is what they can prove. You could give them evidence even when making what you think are innocent comments.
Call Now for a Free Consultation with a Criminal Defense Attorney
If you have been accused of a crime or believe you are a suspect, if the police want to question for any other reason, it is wise to contact a criminal defense attorney to determine your best way forward. You can reach Chambers Law Firm at 714-760-4088 for a free legal consultation.
