by hisbabydoll

Created on: December 02, 2008   Last Updated: December 10, 2008

Do you believe you have a legal obligation to answer all questions asked if the police call you? As a law abiding citizen you have the duty to immediately help the police, right? Wrong. Even if you have done nothing wrong, your answers may come back to haunt you. Your good intentions can cause you to accidentally incriminate yourself or others. When the police call, always insist on having a lawyer present during any questioning.

Keep in mind you must still answer "stop-and-identify" questions as per a ruling made in 2004 by the Supreme Court. If you are driving and the police ask to see your license and registration, you must show them your paperwork. Otherwise, you must tell police your name, date of birth and address if they ask you, but nothing more. Asking for a lawyer cannot be used as proof of guilt. Innocent people have the right to consult a lawyer before dealing with any legal situation, including talking to the police.

In the United States, you cannot lawfully be arrested for politely refusing to answer police questions. According to the Youth Criminal Justice system, police should not call you unless they have a reason for thinking you have broken the law, or are about to break the law. The same holds true for adults. If you are suspected of criminal behavior, the police may try to question you under the guise of obtaining general information. Anything you freely answer may be used against you or others later. If you say anything about events the police are looking into, you are making a statement. You are even making a statement if you say you don't know anything. Police can use what you say without having to write it down or make you sign anything. Nothing is off the record.

In the United States citizens are protected by both the Fifth Amendment of the Constitution and by Miranda rights. The Fifth Amendment protects a person's right to avoid coercive self-incrimination. Miranda rights protect a person from answering guilt-seeking questions after they have been detained or arrested. Constitutional and Miranda rights can only protect you if you use them.

Do not let police officers pressure you into talking before your lawyer arrives. If you do not have a lawyer, you must be given time to obtain one before continued questioning. Unfortunately, police will not always follow the rules. They may say you are incriminating yourself by refusing to talk, or that they'll leave you alone if you answer their questions. Do not be fooled. This is not to say all police are liars who are out to get you, but officers are allowed to try to trick you if it helps them investigate or solve a crime.

Simple facts about police officers include:

* Police officers do not have to tell you the truth when they are questioning you. They may say they know things they do not.

* Police do not have to honor any promises they make to you while trying to illicit information.

Finally, even if you are guilty of the actions the police are investigating, it may turn out a lawyer can prove your actions did not constitute a crime. Lawyers also have the ability to negotiate less serious charges or lighter sentences. Talking to the police on your own or trying to outsmart the police will hamper your lawyer's ability to help you later. Always respect law enforcement officers as their main objective is to serve and protect. Respect and protect yourself by calling a lawyer before talking to the police.

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