What Should I Do If the Police Call Me into the Station for Questioning?

Being called into the police station for questioning can be frightening and intimidating. Whether you’re a witness, a person of interest, or even a suspect, you do have rights and you should exercise them intelligently. In this article, the Champaign, Illinois criminal defense lawyers at Patel Law, P.C. will discuss how to respond to being called into the police station for questioning.

Know your rights 

When dealing with law enforcement, you have fundamental rights that can be exercised. These include:

• The right to remain silent – Under the 5th Amendment, you cannot be compelled to incriminate yourself. You can refuse to answer any questions that would later be used against you in court.

• The right to an attorney – You are entitled to have an attorney present during questioning. An attorney can help protect your rights (and your defense) and ensure you don’t inadvertently say something that incriminates you.

• The right to leave – The police can only hold you if you’re under arrest. You are generally free to leave if you’re merely being questioned. You should always ask whether or not you’re being detained or if your presence is voluntary.

Clarify the nature of law enforcement’s request 

Before you go down to the police station, ask the officer about the purpose of the questioning. Questions to ask include:

• Am I a suspect in a crime?
• Is this a voluntary meeting, or am I required to be here?

Understanding what you’re doing there can make it easier to know how to proceed. You should also always have an attorney present, even if you believe you have nothing to hide.

Consult an attorney immediately 

It doesn’t matter why the police want to question you. You should have an attorney there to protect you from leading questions and other trickery. A criminal defense attorney can:

• Determine whether you should attend the questioning
• Prepare you for the sorts of questions that will be asked
• Go with you to the station and intervene if the questioning becomes coercive

Determine if you’re under arrest 

If police are requesting that you come to the station, it’s important to determine whether it is a voluntary interview or if you’re being arrested. If you’re under arrest, the police must inform you of your Miranda Rights including your right to an attorney. If you’re not under arrest, you are not legally obligated to stay at the station and can leave at any time.

Use caution when navigating police tactics 

The police will use various strategies to get information from you. This includes implying that cooperating with them will help you in some way. That’s unlikely. Anything you say can be used against you.

Additionally, the police might present evidence. This evidence can be fabricated. Police can lie during questioning. This is to leverage you into a confession.

Police may also attempt to downplay the seriousness of the situation. This encourages you to talk freely.

Talk to a Champaign, IL Criminal Defense Lawyer Today

 Patel Law, PC protects the rights of the accused. Call our Champaign criminal defense lawyers today to schedule an appointment, and we can begin preparing your defense immediately.