When the police knock on someone’s door, pull them over at a traffic stop, or search them without a warrant, it is an intimidating experience. Sometimes law enforcement oversteps a line and infringes on the rights that we all have. It’s not only important to know your rights but also to know how to defend them later in court.
Unfortunately, it may not feel that way when an officer makes the arrest, takes you to the station and puts you in jail overnight. For those who face this stressful and often scary situation, it can be vital to the case to call in an experienced criminal defense legal team that will not only offer strategic legal advice, but also protect one’s rights from the long arm of the law.
WHAT ARE YOUR RIGHTS DURING THE ARREST?
No matter what the offense, when law enforcement apprehends an individual on suspicion of a crime, there is an arresting procedure that they must follow which includes reading the suspect their constitutional rights under the Fifth and Sixth amendments. Called the Miranda Rights, the four statements are:
- You have a right to remain silent
- Anything you say can and will be used against you
- You have a right to an attorney
- If you cannot afford an attorney, one will be appointed for you
The arresting officer must read these rights to the suspect after they are in custody and before interrogation. Without this procedure, anything the suspect says that incriminates them cannot later be used against them in court.
Some people may try to be completely honest with the police in hopes of getting lesser charges, but this approach may actually have the opposite effect. The job of law enforcement at this stage is to make the charges stick in order to build a case for conviction. They will not help you, but an aggressive defense attorney will.
Understanding Your Right to Remain Silent During Police Questioning
When law enforcement officers question you, you have the constitutional protection under the Fifth Amendment to remain silent. This does not mean that you must completely remain silent to exercise your constitutional rights.
In order to use your right to remain silent and not answer the officer’s questions to avoid self-incrimination or false confessions, you must state it in a clear way. Simply stating that you are exercising your right to remain silent, that you want to speak to a lawyer and will not answer questions without an attorney present is the best way to make this known.
The Importance of Knowing When to Exercise Your Right During Police Interactions
When you encounter a police officer, the right to remain silent must be explicitly stated rather than staying quiet and not saying a word. Many people wonder when they should exercise this right. A criminal defense lawyer will tell you that during a detention or an arrest, it is best to stop answering questions and state that you wish to invoke the Fifth Amendment.
If you are asked to answer police questions that are incriminating, such as, “Have you been drinking tonight?” you should not answer it and instead politely inform the police officer that you want to remain silent and talk to a lawyer.
Remember, simply refusing to answer questions asked is not enough. It is in your best interest to stay calm and let the officers know that you will not say anything further without a lawyer present.
Legal Consequences of Refusing to Answer Police Questions
Even though you have these rights, there may be consequences to your actions. A police officer may become more suspicious if you refuse to talk. They also have the right to detain you if they have reasonable suspicion to make the stop in the first place.
You might be legally allowed to decline answering the police officer, but they also are not obligated to let you go. They may still issue a citation or conduct a search if they have probable cause.
Understanding the Difference Between Voluntary Conversation and Being Detained by Law Enforcement Officers
As a general rule, when the conversation with police is voluntary, you have the right to leave. If you are detained, you must stay. This might not always be clear, and all it takes is to ask the officer if you are free to go. If they say yes, then quietly and calmly leave. If not, you have the right to ask why you are being detained.
The police must have specific facts that lead them to believe that you have committed, are in the act of committing, or about to commit a crime. During detention by police, you must stay while they complete their initial investigation of the event. You may be required to provide basic identifying information. No matter what, make sure you stay calm, polite, and do not physically resist the police, as this can turn a simple situation into a complex legal matter.
HOW ABOUT ILLEGAL SEARCH AND SEIZURE?
Under the Fourth Amendment, law enforcement may only engage in “reasonable” search and seizure, meaning that they must have probable cause. This is the requirement in criminal law that there is enough evidence to conduct a search or seizure of private property that is related to the crime.
With or without a warrant, the police may also perform this procedure if they have probable cause, but they can only search for the items that relate to the alleged crime. If they produce items related to other crimes, these items may be subject to the exclusionary rule, meaning the prosecution may not use them against the accused if it turns out that the search and seizure was illegal.
A strong defense team will look for police errors in the arrest or search procedure, question the evidence or witness accounts, or investigate any duress or entrapment their client may have suffered in order to obtain the best possible results for their client’s case.
The Role of a Criminal Defense Lawyer When Interacting with Law Enforcement at the Police Station
If a police officer is threatening you with criminal charges or you have been detained, assert your rights. Then contact Ernst & Associates to get a lawyer on your side. You can refuse to talk when you are arrested, which can prevent them from coercing information from you and making your situation far worse.
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