Police Questioning after an Arrest

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Most Common Defense and Criminal Law Issues

Do I Have to Answer Questions from the Police?

No. Just as with questioning before being arrested the Fifth Amendment of the Constitution protects you from incriminating yourself.

Do the Police Need to "Read me my Rights?"

When the police arrest you, they don't have to read you your rights. The rights referred to are your Miranda Rights. The police only need to read you your Miranda Rights if they want to question you. If the police do not read you your rights, then nothing you say can be used against you at trial.

What Should I Do if I am Arrested and the Police Question Me?

If you have been arrested, the best advice is to remain silent and ask for an attorney. You should inform the police that you wish to remain silent. You can do this by either remaining silent or saying something like:

I Have Asserted My Right to Remain Silent, Can the Police Continue to Question Me?

It is a violation of your Miranda Rights for the police to continue to question you after you have asserted your right to remain silent (and the police have read you your Miranda Rights.) Anything you say likely won't be admissible at trial. But, the police can try to elicit statements from you even after you say you want an attorney, so the best advice is to remain silent and wait for an attorney.

Can the Police Force me to Answer Questions?

No. The police are no longer allowed to use physical force or psychological coercion in order to get responses from you. Any information or evidence obtained thought the use of either of these is not admissible at trial. Also, use of physical force or psychological coercion is a form of police misconduct.

I Have Been Arrested, Do I Need a Lawyer?

Yes. An experienced criminal defense attorney can inform you of your rights and defenses. An attorney can also help you if you feel that you are the victim of police misconduct.

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Last Modified: 04-11-2014 04:08 PM PDT

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