If the police ask you to come into the station for questioning, there’s a strong chance that they consider you a suspect or person of interest in the case they’re investigating. Any answers you give to their questions could affect the outcome of a subsequent case against you. That’s why it’s so important to understand your rights during this process – including when you may refuse to answer an officer’s questions.
If You Are Asked to Come in for Police Questioning, Do They Suspect You of a Crime?
Police frequently question both suspects and non-suspects as part of their criminal investigations. Of course, detectives will want to question persons of interest to either exclude them as suspects or get incriminating statements from them. However, detectives also want to talk to witnesses who saw the crime unfold or otherwise have information related to it. Those witnesses can help detectives direct their investigation and find evidence to build the case. This means being asked to come in for questioning does not necessarily mean the police suspect you did something wrong.
On the other hand, it’s important to consider it as a possibility. Law enforcement officers do not have to explicitly tell you whether they consider you a suspect or a person of interest ahead of time. Instead, you might only become aware of their intentions when you get to the police station and the officers read you your Miranda rights or if the officers develop reasonable suspicion or probable cause during your questioning to deem you a suspect in the case.
What Should You Tell the Police If They Are Questioning You?
Remember that you have the right to remain silent and decline to answer questions from law enforcement, even if you have not committed a crime. When police officers begin questioning you after detaining or arresting you, you should politely and firmly decline to answer any questions until you’ve consulted a criminal defense attorney. Never assume you can talk your way out of trouble with the police. Detectives are trained in questioning suspects and know how to phrase questions to induce incriminating statements.
What Are Miranda Rights?
Miranda rights refer to a group of constitutional rights identified by the U.S. Supreme Court in the case Miranda v. Arizona. In the Miranda case, the Court ruled that police officers must advise people of these rights before questioning them after an arrest, as part of a criminal investigation, or before asking questions that may elicit incriminating statements.
When police fail to advise someone of their Miranda rights before criminal questioning, courts may exclude any statements that person made from a subsequent criminal prosecution. However, refusing to acknowledge your Miranda warning will not protect you if you make incriminating statements.
Your Miranda rights include the following:
- The right to remain silent – You have the right to remain silent and refuse to answer questions that are about crimes or may incriminate you in criminal activity. You can invoke your right to remain silent by informing the police that you wish to remain silent or do not want to answer questions and then staying silent even if officers ask questions.
- The right to legal counsel – You have the right to consult an attorney before any criminal questioning and to have your attorney present during questioning. You also have the constitutional right to legal counsel once you’re arrested and charged with a crime.
What Could Happen If You Refuse to Go in for Questioning?
Unless the police serve you with a subpoena or an arrest warrant issued by the court, or the officers arrest you based on probable cause that you committed a crime, you can refuse the police’s request to come into the police station for questioning. Although you can decline to speak with the police, refusing to answer questions may heighten investigators’ suspicions and make you a focus of the police’s investigation. If this is the case, detectives may try to build a case to arrest you and force you into the police station. However, the fact that the police have not already arrested you should also indicate that they do not have enough evidence to support your arrest. Instead, they may want to talk to you to gather more evidence to file charges against you.
Should You Have an Attorney with You If You Go in for Questioning?
You should always have a lawyer with you when you talk to the police. Remember, it is your constitutionally guaranteed right. An attorney can review the facts of the case before you go to the police station to prepare you for any questions the officers may ask you. An attorney can also negotiate the scope of the questioning with investigators ahead of time.
By having your attorney next to you during questioning, you can consult with your lawyer in real time about how to answer specific questions. Your lawyer can also advise you to terminate the interview if the police try to elicit incriminating statements.
Could You Be Detained or Arrested After Questioning?
Regardless of why the police initially wanted to speak with you, there’s always a risk you may say things during questioning that cause the police to consider you a suspect in the case. As a result, the police may choose to detain or arrest you at the end of the questioning if they have enough evidence to form probable cause to believe that you committed a crime. This is why it is so critical to have legal counsel with you whenever you submit to police questioning.
Contact a New Jersey Criminal Defense Lawyer
If the police have contacted you about an alleged criminal offense, consult an attorney before you agree to questioning. Contact the Law Office of Jason A. Volet today for a free, confidential consultation with an experienced criminal defense lawyer. We can explain your options and protect your rights throughout the process.
