There are few things more stressful than being interrogated by the police. Even if you are not under arrest, or even if you are just being asked questions as a witness, it can be easy to say something that can come back to haunt you. If you want to protect your rights during a police interrogation, you need to remember a few essential facts:
- If you are not under arrest, you do not need to stay
- If you have not been put under arrest by the police, you have no obligation to answer their questions or stay in their custody. They can pressure you in any number of ways, but if they say you are free to go, you can leave at any time. This can be a good idea to do, especially if they are asking you questions that make you uncomfortable, or which seem to be trying to get you to incriminate yourself.
- You always have the right to remain silent
- Regardless of whether you are under arrest or not, you always have a Fifth Amendment right against self-incrimination, more commonly known as the right to remain silent. If you tell the police you are invoking your right to remain silent, they cannot legally continue to question you. Exercising this right can help you avoid saying something that might be used against you later in court.
- You have a right to basic necessities
- Police will use a variety of different tricks to convince you to speak to them, or to confess to a crime. One trick some police officers will use is to deny you access to food, water, or the bathroom while you are in custody, which can make you more uncomfortable and more likely to say what they want to hear. However, even when you are under arrest, you legally have a right to access basic necessities.
- The police can, and will, lie to you
- One surprisingly common misconception people have is that the police cannot lie to suspects. The fact of the matter is that they can lie to suspects and witnesses alike, deceiving them about what they are being questioned about and what evidence the police have at their disposal. Thus, if you are being interrogated by the police, you should take anything they say with a degree of skepticism.
- You can always ask for a lawyer
- You always have a right to have a lawyer present whenever you are being interrogated by the police, and can refuse to speak to the police without a lawyer present. This is important because a lawyer can advise you on your rights, and help protect you from police intimidation. That is why, if you are subjected to a police interrogation, you should contact a criminal defense lawyer as soon as possible.
If you or someone you know has been arrested for a criminal offense, you will need legal counsel to help you preserve your rights and work to get the best possible outcome for your matter. A New York criminal defense lawyer, who is experienced in handling criminal cases of all sorts, can advise you of your legal rights and will fight for your best interests in court. If you or your loved one has been arrested, contact the Suffolk County criminal defense attorneys at McGuire, Peláez and Bennett at (631) 348-1702.
Send Us An Email