San Diego Criminal Lawyers Blog
The police do not always need to detain someone before asking them questions. In fact, there are many situations outside of arrests in which you could be questioned by the police. For example, if law enforcement is investigating a case, they may have to speak to witnesses or other parties who could have valuable information about their case. Simply questioning these people in some instances does not mean the person who supplies answers is under any suspicion of committing a crime or will have their words used against them. In other situations, what you say to an officer even if you are not being arrested can come back to cause you serious legal hurdles.
If you have been arrested in San Diego, it is highly advisable that you say nothing about your situation to the police until you have your attorney present. Your San Diego criminal defense attorney will be looking out for your best interests and working to protect you. Anything you say can be taken out of context and even the most innocent statements can be distorted to harm you. David M. Boertje is a San Diego criminal defense attorney that is here to fight your charges to keep you out of prison.
Is it Legal for Police to Question You Without Arresting You?
The police are well within their right to question you if you have been detained or even if you are not suspected of committing a crime. Even though this is true, you do not have to supply law enforcement with answers. When you are being put under arrest, the officer is required to read you your Meranda rights. This is a mandatory procedure and these rights tell you that you do not actually have to speak to the authorities without a lawyer. If an officer does not read you your Miranda Rights, then your subsequent charges have the potential to be dropped.
It is important to know that if you are not being arrested by one of the San Diego Police Department’s finest, you are not going to hear the officer read your Miranda Rights. So, if you are questioned when no arrest takes place, this is completely legal. Again, in this situation, you do not have to answer questions if you do not feel comfortable doing so. You can simply tell officers that you do not want to discuss the situation or know nothing about it. If you are being arrested, you can kindly and calmly tell law enforcement that you will not be discussing the details of your arrest because you are asserting your right to remain silent and you want to have your attorney present.
Speak to a San Diego Criminal Defense Attorney Today
Even in situations in which a person is not being put under arrest or suspected of a crime, they can still be questioned by law enforcement. In these situations, the individual being questioned does not have to answer. If you have been arrested for a crime in San Diego, equip yourself with the most respected and trusted San Diego defense attorney. Call David M. Boertje today to schedule a free consultation at (619) 229-1870 for the San Diego office or (760) 476-0901 for the Carlsbad location.