what happens if a suspect in a crime refuses to be interviewed and has a lawyer

What happens if the police ask for an interview?

Oct 01, 2011 · Answered on Oct 05th, 2011 at 2:45 PM. It is impossible to know whether the police are continuing their investigation without interviewing you. In any case, you did the right thing by refusing an interview. If you are contacted by …

Can a detainee refuse a police interview?

Sep 17, 2019 · Remember, you have the right to refuse an interview by a police officer. If an officer tries to threaten or intimidate you into giving an interview, remember that you have the right to have an attorney present. Do not give in to the officer’s demands until you speak to your lawyer. He or she will help you leave the interview safely and remind ...

What happens if a suspect refuses to leave the interview room?

Consult a Lawyer. Most lawyers would advise anyone who could be a suspect not to speak to the police until having spoken with counsel. Anyone who's in trouble with the law, whether having already given up incriminating information or not, should consult an experienced criminal defense attorney. The law on issues like the rights to silence and counsel can vary from one state to …

Can the police continue questioning a suspect without a lawyer?

Apr 08, 2019 · In my experience detectives often get tunnel vision when they like a suspect for the crime they are investigating. When this happens, they hyper focus on one person and one theory of the case while ignoring other suspects and other evidence. You can see how this can cause problems for innocent people. You can refuse to talk to a detective at ...

What to do if police don't arrest you?

If they do come to arrest you, simply state politely that you do not wish to speak without a lawyer present. The police are allowed to lie to you - for example, saying that they have DNA evidence or witnesses.

How long does it take for a police officer to investigate a crime?

They have up to 6 years to investigate and charge. It is not uncommon for investigations to take months. You should have your attorney on board in case the charges come.

What does it mean when a complainant refuses to speak to you?

What it means is they are trying to find some corroborating evidence from the complainant and then they will file charges and surprise you with an arrest warrant. You were right to refuse to speak to them. You should go ahead and find a lawyer you can hire in the event an issue arises so you will already have someone in your corner.

Do you have to speak to the police?

You do not have to speak to the police. You have the right to remain silent and your choice to exercise that right cannot be held against you. If you are innocent, you may want to speak with a criminal defense attorney who can help you decide if it is wise for you to speak with police as allowing yourself to be interviewed may cause them to drop the matter. That they have not done anything for two weeks is not meaningful. If you did take the item, you should definitely retain criminal defense counsel. What you tell your lawyer is confidential.

What to do if you don't have enough support?

You did the right thing. Without an admission from you, they probably don't have enough to support charge. Keep quiet. If they want to talk to you again, refuse again and contact a lawyer ASAP.

Why do people want to talk to you?

If they have enough evidence then they could charge you without an interview. The only reason that they want to talk to you is they hope you will confess. Many people get convicted only because they talk to the police. You have the right to remain silent. Use it.

What does it mean when you don't talk to the police?

The lack of contact sometimes means they are gathering more evidence. If the evidence does not substantiate the charge then they will not pursue it. You should not talk to the police without an attorney present. It is vital that you have an attorney present at all times during an investigation and questioning by police.

What rights do you have when you are arrested?

During an Arrest, You Have the Right to Remain Silent. Once a police officer places you under arrest, he or she must read you your Miranda rights. Under this series of rights, you have the right to remain silent and the right to hire an attorney. You cannot walk away from police officers, but you can refuse to answer any questions they have ...

Can you walk away from police?

You cannot walk away from police officers, but you can refuse to answer any questions they have until your attorney comes to represent you. It is important to exercise your right to remain silent during an arrest.

Can police make random stops?

The police also have the right to make random stops on the street without violating your constitutional rights, as long as the officer can justify the stop using specific and articulable facts. However, the officer is not arresting you during a random stop. You can always ask if the officer is detaining you.

Do Miranda rights apply to police?

This is another situation where the Miranda rights warning do not technically apply . You may receive a request to voluntarily visit the police station to answer a few questions. You have a choice as to whether or not to comply with the request for questioning.

Can police read Miranda rights?

If you do comply, the police officers will not read your Miranda rights and you may answer the questions they ask you. You do have the right to refuse or ignore a request for questioning, but the officers may choose to arrest you, depending on the nature of the case.

Can a police officer stop you on the street?

A police officer may stop you on the street and ask you to answer a few questions about a crime, whether or not it is a crime the officer is accusing you of. While you do have the right to remain silent based on the Fifth Amendment, the officer will not inform you or read you of the right before he or she performs a formal arrest. ...

What happens when you are arrested in a police station?

Once you are brought to a police station, you will most likely be held in custody while the arresting officer arranges an interview room. You will then be instructed to follow the officer to be interviewed. It’s at this point you can decline. Something that happens very rarely in modern police stations and when it does it nearly always takes the police by surprise. In fact, most officers are so used to detainees doing exactly what they are told, they have no idea what to do when they refuse to comply.

What was the R v Hind case?

R v Hind was an appeal case that centred upon a detainee – Jodie Hind – refusing to leave his police holding cell and be interviewed. As the police were unable (or unwilling) to bring a tape recorder to the cell, the detainee was charged without interview. At trial the judge instructed the jury to draw an ‘adverse inference’ as re section 34 of the Criminal Justice and Public Order Act from the fact that Hind had refused to be interviewed. Hind was found guilty and convicted.

What is the trouble with trying to help the police?

The trouble here is that, in the process of trying to help the police, you may be putting yourself into a situation that gives the police evidence against you. There are too many unknown factors for you.

Is ignorance of the law an excuse for breaking the law?

We’ve often heard it said, and it is true, that “ignorance of the law is no excuse” for breaking the law. If the police are asking to talk to you, there is a good possibility that they believe you have broken a law, and they may have evidence to support their belief.

Can you be charged with a crime if you refuse to talk to the police?

The fact that you refused to talk to the police cannot be used against you. In talking to the police, you could unwittingly say something that gives them reason to think you are guilty, or gives them additional evidence that they can use to officially charge you with a crime.

Do you have to talk to the police?

You do not have to, nor should you ever, talk to the police if you are a suspect or a possible suspect in the commission of a crime. Below are some of the objections I hear clients make when I advise them not to talk to the police, followed by how I would likely answer those objections.

What happens to a suspect's right to counsel?

A suspect's assertion of the right to counsel ceases to apply if there is a break in incarceration. The assertion of the right doesn't carry over to the next detention. For example, assume Glen invokes his right to counsel and is released from custody.

What happens when a detainee invokes the right to counsel for only a limited purpose?

If a detainee invokes the right to counsel for only a limited purpose, the police may interrogate "around" that purpose. For example, suppose that, after being Mirandized, Becky doesn't claim her Miranda rights and answers questions. The interrogating officer asks her to sign a written statement, but she says that she wants counsel to read it over first.

Can Miranda be admissible?

A defendant's statements after asserting Miranda may also be admissible if he or she initiates the conversation. But that's only if the police give a fresh set Miranda of warnings once the discussion picks up. For example, assume officers take John into custody and give him the Miranda warnings.

Can you invoke Miranda rights after being a detainee?

There's no time limit for invoking Miranda rights. After receiving the warnings, a detainee may invoke the rights immediately or after answering some questions. Whenever that invocation occurs, the police must stop investigative questioning. But any statements preceding assertion of Miranda rights are likely to be admissible.

Is the internet secure?

The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties. Once someone detained by the police invokes Miranda by expressing a desire to remain silent, have counsel present, or both, the police must stop interrogation.

What happens if you don't talk to the police?

Detectives do not want either thing to happen. If you don’t talk, you don’t help them get evidence they will use against you, and if you have an attorney present, it is doubtful you will be allowed to say anything that helps the police (and thus hurts you).

Can police lie to you?

Detectives and other police can legally lie to you. They do it all the time. I have had many clients who were lured into the police station by a friendly detective and never walked out. They want you to come to the police station voluntarily and ultimately, they want you to confess.

What to do if you are charged with a crime?

If you have been unexpectedly charged with a crime, contact an experienced criminal defense attorney right away. You cannot rely on assurances from the victim that he or she is not pressing charges and hope that everything will be okay.

Who decides whether to charge someone with a crime?

From there, the prosecutor or district attorney will decide whether to charge anyone with a crime. What the victim thinks is the appropriate punishment for the alleged perpetrator does factor into the prosecutor’s decision – especially given the recently passed Marsy’s Law.

What does it mean when the government is required to prove at trial?

This means that if you provide them with no evidence - but they charge you anyway - they still must prove your guilt BEYOND REASONABLE DOUBT. DO NOT PROVIDE ANYONE WITH ANY STATEMENTS, EVER. Those statement can and will be used to convict you. Your failure to provide any...

Can you refuse to answer police questions?

Of course you can refuse to be interviewed or answer questions by the police, and in fact that is what you should do, especially if you don't have a lawyer. There is nothing unlawful about that. However, the officer can arrest you if she/he chooses assuming they have sufficient evidence to reasonably believe you committed the crime; whether you did or did not is a different story. Don't be pressured into answering their questions, even if they arrest you or threaten to do so.

Do you have to speak to police?

You have absolutely no duty to speak to police as a suspect in a crime. It is unfortunate that you are not able to afford an attorney, but do not let them pressure you into answering questions. I see many situations where an innocent person wants to assist the police and clear their name.

What to do if you are a witness to a crime?

If you were a witness to a crime, want to help, and you contact the police to provide information - talk to the police. Things get murky when you might have been involved in a crime. If there is any possible way you were involved in something criminal - even slightly - do not talk to the police. Talk to a lawyer first.

What to do if you are not under arrest?

If you are not under arrest and are free to go, leave. If you have been placed under arrest, be quiet, polite, and follow the police officer’s instructions. Once you have been placed under arrest, you need to affirmatively tell the police officer that you are invoking your Fifth Amendment right to remain silent and that you want to speak ...

Why do police not want to talk to you?

When police contact someone, they don’t really “just want to talk.” More likely it’s because they already have some evidence and want to validate their suspicions. Maybe they think you were a witness, but it could also mean that they believe you’re a suspect.

What is probable cause?

Probable cause could be something as simple as conflicting answers to their questions. Police officers are masters at getting people to admit things, and at spotting lies or inconsistencies. They will ask the same question, over and over again, in different ways, then point out small differences in your answers.

When do you hire a criminal defense lawyer?

Criminal defense lawyers are usually hired after someone has been arrested and charged with a crime. But if you’ve been contacted by the police because they “just want to talk” hiring a lawyer may be one of the best decisions you can make. Criminal defense lawyers are usually hired after someone has been arrested and charged with a crime.

What happens if you have probable cause to believe you committed a crime?

If the police think they have probable cause to believe you committed a crime, they’re going to arrest you whether you have a lawyer with you or not. Having a lawyer with you when you meet with the police doesn’t make you look guilty - it makes you look smart and careful.

What to do if you are arrested for a crime?

If there is even the slightest chance that you were involved in something criminal, and especially if you’ve been placed under arrest, stop talking, politely tell the police that you’re invok ing your right to remain silent, and that you want to talk with a lawyer. You are under no obligation to speak with the police.