Talking to the Police: When Police question a person who has not yet been arrested and or is not under police custody

You must understand that prosecutors can and will use any and every iota of evidence against you in their attempts to prosecute you for a crime that you have been arrested or charged with.  It is important that you know your rights when it come to police questioning in general and how your answers, even the one that might seem innocent at the time can and will be used against you in a court of law.

As a suspect or as a person has been arrested for a crime Police questioning and police actions in general are designed for one major purpose, to use the information garnered to prosecute you or to charge you with new crimes that you may have confessed to.

There are several situation in which police officers may questing you when you have not yet been place under police control, referred to as police custody.  Automobile and Vehicle stop for violations of traffic ordinance or laws, conversation via electronic of telephones, visiting a person in their home, employment, or place of business, stops on the street.

Below is some information that may be helpful to persons that are questioned by the police.

First:  You are not legally obligated to speak to a police officer.  The Fifth Amendment,  protects a person from arrest for failing to speak to a police officer or for failing to answer a law enforcement officer questions.

Second:  If you start to answer a Police officer question and no longer want to continue you have the right to refuse to answer his questions.  You simply need to indicate that you no longer want to speak to the officer. 

Third:  In a traffic stop a police officer has the right to ask for your identification papers.  Failure to provide the police with such information may lead to more serious infractions including arrest.  However you still have the right to refuse to answer any of the police officer questions.  You will not be charged with a more serious infraction or arrest as a result of a failure to answer his questions.

Fourth: Even if you have not done anything that you may thing is illegal or wrong in any way you may still be in jeopardy I you decide to speak to the police.  There be a law which you did not know existed that you are in violation of.  Or the police may, base on information you have provided, charge you with the underlying crime. 

In some situations speaking with the police regarding an unlawful matter may be helpful. However one should always suspect that the officers questions and your answers can and will be used against you in a court of law.  If you are being questioned or believe that you are a suspect in a crime it is important the you contact a Criminal Defense Attorney or a Criminal Defense Law Firm so that your legal rights will be protected.

This information was provided by our staff or Criminal Law Attorneys at Downtowlalaw.com.