Sometimes it can be confusing to determine when you must legally answer
police questions. Being read your Miranda rights is a signal that you
have the right to remain silent during police questioning. But, how do
you know when you must answer questions before being actually detained?
Called in for Questioning
During a police investigation, law enforcement will often ask suspects,
witnesses, or other people believed to be involved to come in for questioning,
at their own will. You are not legally required to come in for questioning,
and you can refuse to come in to the police station. If you decide to
do this, keep in mind it might seem suspicious to police and cause them
to find a reason to arrest you.
On the other hand, if you do decide to go to police headquarters for questioning,
you are not legally in police custody or detained, and you have the right
to leave whenever you please. However, you must remember that when answering
police questions at will, you are not protected by Miranda rights. Therefore,
a decision to “remain silent” could serve as incriminating
evidence in court because you do not have this right when you are not
technically detained. Remember, that anything you say or do can be evidence
against you in the long run.
Criminal Defense Attorney
If you have been asked to come in for questioning, it is ultimately your
decision on what you decide to do. It is very important that every move
you make will be noted by police. If you believe you are being investigated
for a crime, contact an experienced
criminal defense attorney. At
Carroll Troberman, PLLC, our
attorneys strive to ensure that
your rights are protected. Call today for a free consultation.