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3 Things You Should Know About Police Questioning

3 Things You Should Know About Police Questioning

By on Aug 11, 2020 in Blog, Boulder Colorado Law Advice Blogs, DUI Blogs |

You’ve somehow gotten involved in a police investigation and have been brought in for questioning. This can be an intimidating experience whether you were involved in the crime or not and it can be difficult to discern what you should or should not say. Understanding the police’s strategy while questioning involved parties can help you understand what to do while interacting with the police interrogator. Here are three key things to keep in mind.

Don’t Assume the Police are Being Honest

While the police interrogator working with you may seem like he just wants the truth and has your best interest in mind, they’re actually employing psychological tricks to get more information from you. That information may or may not be beneficial to your case and in many cases can easily be twisted against you. Remember, the police are often biased against you if you’re suspected of a crime so your words may come across completely different to them (and a jury) than you intend.

They may even lie about the amount of evidence they have showing you committed the crime, from witnesses to video footage. Without seeing it firsthand, you have no idea if they’re telling the truth and you also know they have a motive to get the perpetrator in jail. It’s in your best interest to assume they are not telling the truth to protect yourself during interrogation.

Stick with Telling Them the Bare Minimum

Less is more when it comes to being in the interrogation room without representation. If you’re stuck there, don’t give more information than you need to. It’s better to be skeptical of anything they tell you and resist giving information until you’ve been able to consult with your attorney. Answer any questions you truly feel comfortable answering, but when in doubt, they are likely not being fully honest with what they’re telling you.

Potential suspect being questioned in a police hearing.

Use Your Fifth Amendment Rights – In the Right Way

It’s a good idea to keep quiet, especially if you feel the evidence is stacked against you. However, in 2010, the US Supreme Court ruled in Salinas v. Texas that the fifth amendment must be verbally invoked. This means if they haven’t yet read you your rights and thereby invoked your Miranda rights, you should cooperate with any questions the police have for you. Otherwise, your silence could be considered evidence of guilt.

Make it Clear You Understand Your Rights

If you feel uncomfortable with the direction of questioning, say verbally that you understand your fifth amendment rights. By invoking your privilege against self-incrimination, you will be able to consult with an attorney before further questioning. The key here is that you expressly say why you are remaining silent instead of simply doing so.

Again, silence is the best defense when you don’t even have an attorney to help decide what is best to divulge in police questioning. Whether or not you’re guilty of the crime, your words can, in fact, be used against you and one slip or misspeak can cost you in the long run.

You Always Have a Right to an Attorney

Whenever you face police questioning, understand that you have a right to an attorney. If at any point you feel uncomfortable with questions the police are asking or the direction they are taking with their questioning, do not hesitate to say, “I want to speak with an attorney.” They will not be able to force you to continue interrogation. While this may feel like an admission of guilt, that’s not true and it’s the smartest way to ensure you aren’t lured into a trap where you could be found guilty of a crime after having done nothing wrong.

Need A Criminal Lawyer in Boulder? Call Phil Clark.

You want to have an experienced and knowledgeable lawyer sitting next to you from questioning to court so that you’re always prepared with a solid defense. For over 25 years, Phil Clark has been a practicing Boulder attorney who is well educated on all aspects of criminal law. No matter what charges you face, we can help build the best defense to use in court so that you avoid negative consequences from a simple misstep. Our clients trust us and you can too.

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