Do You Have To Meet With Police Or Detectives If They Make Contact?
Different lawyers have different views on that subject. Attorney Shafer’s view is that if the police wanted to talk with a person, it signals that they are looking at the person in some form or fashion as a potential suspect for a criminal offense that has been committed. His advice is that the person decline to talk to law enforcement.
The person does not have a legal duty to talk to law enforcement. Especially if a person’s freedom is curtailed by arrest. Sometimes clients say they still want to talk to the police, which generally is against Attorney Shafer’s advice.
The Miranda Rights Actually Come Into Play When You Are Arrested Or In Custody For Interrogation
Miranda Rights is the common name for the rights that the Supreme Court has instructed law enforcement to advise people of when their freedom has been curtailed, as will generally happen in an arrest.
There also are some circumstances which will be the “functional equivalent” of an arrest that will require such warnings, but certainly they are required upon arrest.
Another commonly held belief by many is that law enforcement commits an egregious action if the cops did advise them of their rights when they were arrested. However, law enforcement does not have to read a suspect their Miranda warnings if the cops are not going to question the suspect.
Miranda Rights are the constitutional rights a person whose freedom has been restrained has the right to be informed of before being interrogated by law enforcement. The suspect has a right to be informed of the right to have a lawyer and to have one present before they answer any questions.
If a police officer arrests a person, handcuffs them and takes them to jail, the police officer is not required to say anything to the arrested person.
The Miranda Rights are the rights, before the suspect in custody is questioned, to be informed that the suspect has a right to a lawyer, and they cannot afford one, to know that one will be appointed to represent them before anything they say can and will be used against them. They have the right to have the lawyer present before any questioning occurs. Further, they should be informed that if they choose to talk without a lawyer being present, anything they say can be used against them in court.
The Police Are Allowed To Lie To Suspects
Time and time again, the courts have allowed police officers the ability to lie when questioning a suspect. They are allowed to tell the person things happened or did not happen; they can say they have uncovered evidence they do not have. All this is allowed for the purpose of getting a suspect to confess to a crime.
It Would Be A Bad Idea For You To Lie To The Police
A person can lie to police. However, if caught in that lie, it can lead to a criminal offense of obstruction of justice. More importantly, if the person lying becomes a charged defendant, the police can use the statements made against the person to show that anything they say is tainted and not to be believed.
Police and prosecutors will use evidence of lying to show the defendant has zero credibility, and the jury should convict.
Attorney Shafer tells his clients and their families that if they are ever become the focus of an investigation or suffer arrest, they should calmly but distinctly tell the police they want to speak to their lawyer before answering any questions. At that point, the police are required to stop questioning.
For more information on Dealing With Police In A Criminal Case, a free initial consultation is your next best step. Regardless of whether you or your loved one has been arrested in Stuart, Port St. Lucie, Fort Pierce, Vero Beach, Okeechobee, or any area within Martin, St. Lucie, Okeechobee or Indian River counties, attorney T. Charles Shafer is here to provide aggressive, hard working representation.
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