Many people become anxious when interacting with police officers. As such, a police interrogation can be terrifying, as there is an assumption that you must comply and answer everything you are asked. This honesty may accidentally implicate you in a crime. Unfortunately, many do not know their rights when interacting with the police. It’s essential to understand how to proceed when speaking with law enforcement. If you’re interrogated or questioned by police, a Cobb County criminal defense lawyer can help you through this process.
Do I Have Any Rights During a Police Interrogation?
When you are being interrogated by the police, whether you’re brought in for questioning or arrested for a crime, you have two significant rights as protected under the Constitution.
The first right you should understand is that you have the right to legal representation. As such, you do not have to speak to the police until you have consulted an attorney. Similarly, your lawyer can be present while you are being questioned by law enforcement. Even if you are in the middle of speaking to the police and decide you want an attorney, you can still request one.
On top of having an attorney, you also have the right to remain silent. If you are arrested, anything you say to the police can be held against you. When speaking to the police, the Fifth Amendment protects your right from incriminating yourself. As such, you can invoke your right to silence.
Finally, you have certain rights when it comes to the police searching your home. When the police ask to search your property, you do not have to comply unless they have a warrant or probable cause that a crime is being committed. If they do not have a warrant, you do not have to consent to a search. In fact, it’s recommended that you do not let them in your home and immediately contact your lawyer for further guidance following their visit to your home.
Are There Any Rights I Don’t Have?
While you do not have to speak to the police without an attorney, there is one essential right you do not have – the right to honesty. The police do not have to be honest with you. It’s common for law enforcement to lie to extract a confession from you. One common example is lying that they have incriminating evidence, such as your DNA or fingerprints.
It is vital to note that while the police can lie to you, you cannot lie to the police. If it’s discovered that you’ve lied to the police, you may be charged with a criminal offense. As such, it is in your best interest to remain silent until you have consulted with an experienced criminal defense attorney.
At the Miller Law Practice, we understand how nerve-wracking it can be to interact with the police. Understanding your rights during interrogation or questioning is necessary to protect yourself. When you need an attorney, our dedicated team is ready to assist. Contact us today to learn more about how we can help you.