If you have been requested to go to a police station to speak to police about a criminal matter, it is important never to speak police without a lawyer.
Just because you have been voluntarily asked to appear at a police station and answer questions does not mean that you are required to do so, but you should contact an attorney regarding any requests because you may be required to answer questions if you are lawfully subpoenaed.
Know Your Rights
Just because you have been asked to come to answer questions about a case does not mean that you are always required to do so. Police may be asking for you to speak with them voluntarily if they do not have enough evidence to implicate you in a crime.
Understand that it is the job of law enforcement and prosecutors to prove any case against you. Requesting answers to questions may be an attempt by law enforcement to elicit a confession from you. Even if you have been arrested, you may end any attempts by law enforcement to obtain your confession by requesting an attorney.
What are police required to do prior to an interrogation?
Prior to questioning you, police must advise you of your Miranda rights regarding your right to remain silent and that evidence can and will be used against you in court if you answer questions from law enforcement. This is a standard procedure that all law enforcement agencies are required to follow.
Some exceptions may apply, such as during a roadside investigation or any voluntary encounter with law enforcement.
Considerations if Your Miranda Rights Were Violated
If your rights were violated, that does not automatically mean that your case will be dismissed. However, your attorney may be able to file a motion to suppress any information gained by law enforcement improperly that the state intends to use against you. This can make a huge difference in the ultimate outcome of your case.
Common Interrogation Scenarios
One of the most common scenarios involving police interrogation is when a citizen is suspected of a crime and law enforcement officers contact the individual by phone to see if the person (who may already be identified as a suspect in a criminal investigation) will speak to them voluntarily.
Another scenario occurs when police have already obtained a warrant for your arrest. Just because you have been arrested, do not give up important rights to have a lawyer present during an investigation.
If you were already interrogated by police without an attorney present, do not panic. It is important to consult an attorney about whether or not your rights were violated and about how a confession to any crime could impact your case if it was obtained lawfully.
In many cases, your case could result in a much better outcome than expected if your attorney is successfully able to suppress your confession to prevent this evidence from being used against you in court or prevent you from needing to speak to police at all.
Contact a Criminal Defense Attorney in North Carolina
Have you been accused of a crime? Before you talk to police without an attorney present, contact the experienced criminal defense attorneys at Caulder & Valentine Law Firm, PLLC. Contact us online or call (704) 470-2440 to schedule a consultation