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What to Do if Police Ask to Speak to You

Posted by Blake Caulder | Apr 18, 2019 | 0 Comments

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

About the Author

Blake Caulder

I am a North Carolina native who was born in Marion, but grew up in Rutherfordton. While I was truly blessed to be raised in a loving, caring, and stable home, I realized at a young age that not everyone had that opportunity and always had a heart to help my friends who were hurting. Upon graduating high school, I began working with my father who has a real estate office in Bat Cave, North Carolina, while at the same time, attending Gardner-Webb University. I was seeking what direction to go with my career. At the time, the most reasonable thing appeared to be to join my father in his real estate practice. But putting aside the financial aspect and given my passion to help people, I wanted to do something that would allow me take that passion to a whole other level. That's when I found the practice of law. Upon graduating from GWU with a Bachelor of Science degree in Accounting, I was accepted to Elon Law School and was a recipient of a Presidential Scholarship. After completing my first year of law school at Elon, I transferred to Charlotte School of Law to be closer to home and my wife. As an attorney, I genuinely care about each individual client. My first and foremost goal is to help every client achieve the best possible outcome in their case and I strive to make a difference in their lives. I practice in the areas of personal injury, criminal defense, family law, civil litigation, and estate planning. While attending law school, I acquired significant legal experience in multiple practice areas by interning with both the law firm of Tomblin, Farmer and Morris, PLLC and the legal department of Family Dollar. In addition, I defended clients in criminal cases through Charlotte School of Law's Criminal Justice Clinic and provided legal services to individuals who were starting businesses through the school's Entrepreneurship Clinic. When I'm not practicing law, I love being involved in the community, participating in the local prison ministry and community service opportunities. I am very grateful to have a wonderful wife, Daniella, and we were blessed with our first child, Coleman Blake Caulder, in January 2015. Education: Charlotte School of Law J.D., Summa Cum Laude Class Rank – 1 of 328 Order of the Crown CALI Excellence for the Future Awards – Criminal Procedure, Non-Profits, Estate Planning, Civil Rights Pro Bono Honors Full Scholarship Gardner-Webb University B.S. in Accounting, Summa Cum Laude Distinguished Senior Student Award – Highest GPA Alpha Sigma Lambda National Honorary Society Bar Admissions: North Carolina State Bar South Carolina State Bar

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