If a police officer or someone connected to law enforcement wants to speak to you, they are likely conducting a criminal investigation. Depending on how much of a suspect they consider you, whatever you say could lead to an arrest. It’s in your best interest not to talk to the police unless you’re the actual victim of a crime.
According to the Fifth Amendment of the U.S. Constitution, you have the right to remain silent and not incriminate yourself. For example, if you’re stopped for questioning, ask “Am I free to go?” If the cop says yes, leave calmly. If they say no, you can ask to know why by saying, “Can you tell me why you’re stopping me.” When you invoke your right, say, “I want to remain silent.” You cannot be arrested or detained for refusing to answer questions, though it might look suspicious if you were answering questions and then suddenly stop. Likewise, if a cop asks you if he or she can search you or your property, you can say you do not consent to a search.
If the police say you are not free to go, you are essentially under arrest, and law enforcement must give you the Miranda warning before questioning you. Whether or not you are technically under arrest is a decision made by a court taking into account the whole circumstances. If you’re unsure of your status, it is especially relevant to ask for a lawyer and refuse to speak until your attorney is present.
If you’ve been arrested or are being questioned by the police, make sure to have an experienced Denver criminal defense lawyer on your side. The Law Offices of David L. Owen, Jr., P.C. can offer you more than 30 years of legal experience. I am highly experienced in jury trials and am available for same-day appointments. Whether you’re facing a misdemeanor or a felony charge, let me help you defend your rights. Talk to me about your case in a free, initial 30-minute consultation.
Contact me at (303) 622-3281 or fill out the online form to schedule a case review with me today.