San Diego Criminal Defense Attorney Benjamin Theule explains how to stay cool during a police interrogation while protecting your rights and maintaining a respectful demeanor. Police officers are trained to get admissions from suspects whenever possible because this type of evidence is the strongest form of evidence at trial. Police officers are also given instruction on how to dissuade suspects from asserting their Constitutional rights during an interrogation. When faced with post arrest questioning a police officer, the best course of action is to insist on speaking to an attorney and refuse to answer any questions until your attorney is present.
Call Ben at (619) 236-9700 or visit http://theulelaw.com to learn more.
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When someone's arrested, they're read their Miranda Rights; that's their right to remain silent, anything you say can and will be used against you. What people don't realize is that if you invoke your right to an attorney at that point, it's a lot stronger than if you invoke your right to remain silent.
If you invoke your right to an attorney the officer can no longer ask you any other questions until you have an attorney present, whereas if you invoke your right to remain silent, the officer can still prod and ask you questions and try and get you to waive your rights.
You have to be careful because they have an agenda; they want to see if a crime took place, and if they feel in their heart of hearts that a crime took place, all of their questions are going to be pointed toward the hypothesis that you committed a crime. So in dealing with them you don't want to make them upset so that they go out of their way to bust you, but you want to be respectful.
When it comes to questions; if you did do something wrong or if you feel like you're on the borderline of doing something wrong, you don't want to answer any questions without an attorney present. You should respectfully decline and ask to speak to an attorney before answering any questions; say "Look, I'm available to answer any questions I just want an attorney present." A lot of times when an individual says that, they'll balk and say "this is your only time to come clean or talk to us, we're not going to talk to you later," but by invoking the right to an attorney you'll preserve your rights.
If you have any questions or need help defending your rights in Southern California, don't hesitate to call Ben at (619) 236-9700.
