Search Legal Articles

Should I Speak with the Police if They Ask Me To?

author by Christopher Ariano on Apr. 18, 2016

Criminal Felony Criminal Misdemeanor Criminal DUI-DWI

Summary: The question is, should you? If you choose to do so, what are your rights during such an encounter? Finally, how should you prepare for and conduct yourself during such an encounter?

When investigating crime, the statements of witnesses is very valuable to the police. A witness's tip or clue can be just what a detective needs to "crack" a criminal case and arrest the appropriate suspect. To that end, detectives or other law enforcement officers will routinely attempt to make contact with individuals whom they believe may have information about criminal acts. Officers may appear at your door as part of a "canvas" of the neighborhood, or you may be called and asked to come to a police station and speak with an officer there. The question is, should you? If you choose to do so, what are your rights during such an encounter? Finally, how should you prepare for and conduct yourself during such an encounter?

Should You Speak with the Police?

Deciding whether to speak with law enforcement if requested is entirely your decision. You also have the ability to request that any conversation you may have be conducted at a particular place (your home or your office, for example); however, law enforcement officers do not have to accommodate your request. Unless an officer has reason to believe you may be connected with criminal activity, an officer can usually only stop a person and ask him or her the person’s name and basic information. Of course, if you are in fact connected in some way with criminal activity, you should consider very carefully whether you want to say anything at all to the police.

At Ariano & Reppucci our attorneys are on call 24 hours day, 7 days a week to answer your questions and alleviate your concerns.

What are your Rights?

A police officer knocks on your door, or you have agreed to speak with an officer at the officer’s station. Regardless of the setting, you have certain rights:

· You have the right to terminate the conversation at any time and cease answering questions. The officer may not detain you further unless he or she has probable cause to arrest you for a crime;

· If you are asked to complete a written statement, you have the right to refuse to sign the statement – or you can decline to give a written statement at all.

· You have the right not to be compelled to make incriminating statements against yourself. You are free to decline to answer any question that may tend to suggest you were somehow connected with criminal activity, even if the activity is different than the incident you are being questioned about;

· You have the right to have an attorney present with you when answering questions, if you so choose.

To assert any of these rights, you merely need to inform the officer of your intention. Saying something like "I don't wish to answer any more questions," "I would like to speak with an attorney before answering any more of your questions," or, "I am not comfortable providing you with a written statement" are all legitimate ways of asserting your rights during a police interview. For more information contact an experienced Arizona criminal attorney.

How to Prepare for a Police Interview

If you do decide to meet with police, take the following preparatory steps:

· Meet with police at a time that you will be most awake, alert, and able to focus on the questions. If a police officer comes to your door wanting to speak with you, you can always ask to meet with the officer later;

· Arrive at the designated location and time. If you must reschedule, do so as far in advance as possible. Avoid simply not showing up for an agreed-upon interview as this can cast undue suspicion on you and/or your truthfulness; and

· Finally, be polite and professional with the officer. Know that your actions may be recorded by a camera in the room (usually, the officer will inform you before the interview starts if this is the case). Expect that anything you say and do will be scrutinized and can be misinterpreted.

Legal Articles Additional Disclaimer

Lawyer.com is not a law firm and does not offer legal advice. Content posted on Lawyer.com is the sole responsibility of the person from whom such content originated and is not reviewed or commented on by Lawyer.com. The application of law to any set of facts is a highly specialized skill, practiced by lawyers and often dependent on jurisdiction. Content on the site of a legal nature may or may not be accurate for a particular state or jurisdiction and may largely depend on specific circumstances surrounding individual cases, which may or may not be consistent with your circumstances or may no longer be up-to-date to the extent that laws have changed since posting. Legal articles therefore are for review as general research and for use in helping to gauge a lawyer's expertise on a matter. If you are seeking specific legal advice, Lawyer.com recommends that you contact a lawyer to review your specific issues. See Lawyer.com's full Terms of Use for more information.

REFINE BY AREAS

Search Legal Articles

Should I Speak with the Police if They Ask Me To?

Legal Articles Additional Disclaimer