The Police are Asking Questions – Do you Answer?

Most people, well at least a lot of people, believe that if a Police Officer or someone else in law enforcement is asking them a question, then they have to answer.   This is not true.  Trying to be helpful to the Police when they are investigating a crime often leads to becoming a suspect (if you’re not already).  Most of the information you give to the police can be used against you.

If you know you are a suspect in a crime (either because you did it or were there or maybe knew about it or ANYTHING), talking to the police without a lawyer is the best way to help them gather evidence against you.  In my experience, when people don’t speak the police and share information the police have a much harder time proving a crime!  Any statements you give to the police can be used against you.   Also, police aren’t required to give you your Miranda Rights (‘you have the right to remain silent…anything you say can be used against you in a court of law”) until you are officially in custody and being interrogated.

Many a Motion to Suppress Statements have been argued over the definition of ‘custody and interrogation’ and a lot of case law established.  The case law can be very helpful, but not immediately, it can take MONTHS to get a Motion date.  Honestly, it’s better to keep your mouth shut in the beginning and save a lot of trouble). Down the road (with the help of your attorney) you may want to speak to the police – and you can do that after careful thought and discussion.

If you are a witness to a crime and the police want to talk to you – consult a lawyer.  You might know that you are innocent – but the police are getting all of their information for the first time – and might decide that you are their main suspect.  Why put yourself in that situation?

Sometimes it is okay to speak to the police – but it’s still best to speak to an experienced attorney before you do.  It can’t hurt to run your situation by a professional who can help you interact with the police and control the information that you relay.

IF YOU ARE CONTACTED BY THE POLICE GET THEIR INFORMATION AND CALL A LAWYER EVEN IF THE POLICE OFFICER SAYS YOU DON’T NEED ONE – PROTECT YOURSELF!!!

If you need an attorney with experience please feel free to call me at 866-981-7888 or email me at jessica@jessicafoleylaw.com.  If the matter is urgent you may text me at 617-429-9167.

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