Police Questioning and Your Rights

Serving Families Throughout Austin

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 consultation.