Don’t Talk to the Police without an Attorney

“You have the right to remain silent. Anything you say may be used against you in a court of law. You have the right to an attorney.” You are probably familiar with these statements, which are commonly known as Miranda rights. Your Miranda rights provide you with legal protection against having to speak to the police without consulting an attorney first. The police are required to inform you of these rights if they arrest you.

Police may try to question you before or after an arrest. You should not talk to the police without an attorney present, even if you know you are innocent. You can assist an investigation by cooperating with law enforcement after speaking to your attorney, but it is much harder to take back statements made to law enforcement before invoking your right to legal counsel. This does not mean that you should be rude to the police. Just politely decline to answer questions prior to consulting with an attorney.

Police have the right to stop and ask you questions at any time. However, if you are not a suspect in a crime, then you are not compelled to answer those questions. An exception to this is that police may ask for your name, birth date, address, and identification without an attorney present, and you must provide these pieces of information. In certain situations, failure to provide this information when requested can constitute its own criminal offense. See Ind. Code §34-28-5-3.5.

Keep in mind that officers are under no obligation to be honest with you and may not tell you that you are a suspect.  However, if you are not a suspect, the officer cannot force you to stay or answer questions and you should be free to go. If an officer begins to question you, you should ask the officer whether you are free to go. If the officer says you are not free to go, this means you are being considered as a suspect. At that point, you can inform the officer that you are invoking your right to remain silent until you speak with an attorney. After that, you are generally not required to answer any questions the police have until you speak to an attorney.

If you have been contacted my law enforcement for questioning and would like to speak to an attorney first, please contact McNeelyLaw LLP by calling (317) 825-5110.

Disclaimer: This McNeelyLaw LLP publication should not be construed as legal advice or legal opinion of any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.