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Legal information: What should I do when the police call me?

If law enforcement contacts you, your best choice of action before speaking to them is to consult with an attorney. The most you should do on your own is to inquire what the request is in regards to. You may have inadvertently witnessed a crime or been the victim of a crime. However, if this is not the case then the odds are that you are suspected of committing a crime. Regardless of whether you are innocent or guilty, when the police contact you the chances are overwhelming that they suspect and have knowledge of your involvement. It is their duty and their job to obtain more information from you in whatever manner they deem necessary within the law.

When you are contacted you should politely refuse to answer any questions until you can consult with an attorney. You should immediately retain the services of a criminal defense attorney and allow them to handle all communications with law enforcement. Even if you are innocent of any charges your first reaction should be to protect yourself at all times by hiring an attorney that knows the law. The average person is unaware of the intricacies that can be used to incriminate themselves.

No matter how minor your involvement may be you could be held responsible for criminal activity if you are unaware of your rights. You can be held for questioning based solely on the suspicion that you were involved in a criminal activity. The police are allowed to hold you for what they deem a reasonable length of time in order to investigate your involvement. An attorney can demand your release or stop your detainment before it begins.

You are not required to answer any questions when contacted by law enforcement. Even if you are detained for questioning, the only requirement is that you give your true name. Any questions that may be asked of you relating to criminal activity should not be answered without consulting with a criminal defense attorney. The police should not proceed in questioning you further once you have invoked your right to council. They may continue to try and illicit answers from you and in this case you should continue to demand your attorney.

The police are allowed to manipulate the truth when questioning you. They are allowed to tell you that you will not be held responsible as long as you cooperate and tell them what they need to know. They are also allowed to threaten you with a harsher sentence if you do not cooperate with them immediately without waiting for the advice of an attorney. This is not true; it is not up to local law enforcement to determine your punishment for involvement in a crime.

The police can and will use intimidation and threats to gain the information that they require from you. In some cases they will use sympathy for your situation and concern for your safety. Do not ever forget who they are or what their purpose is. They care about finding the person responsible for the crime they are investigating, this is their first and only concern as it should be.

The most important information to remember when the police contact you is your rights as a citizen. You have the right to remain silent and you have the right to an attorney. Without hesitation, you should use them both.

Learn more about this author, Marsha Sigman.
Contact this writer Click here to send this author comments or questions.


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