Answers from a Criminal Defense Attorney; What to Do If Questioned by a Law Enforcement Officer
The most common answer from any criminal defense attorney is that you have a 5th amendment right to remain silent, so exercise it. Unfortunately, it is not that simple. The quickest way to know things aren’t looking good is if you are read your Miranda Warnings, or “read you your rights.”
What are my Miranda Warnings and how will they help in questioning?
You probably have heard it hundreds of times on TV. You really DO have the right to remain silent. However, if you just sit there and remain silent law enforcement can continue to question you for hours and hours waiting for you to say something. You really DO have the right to an attorney. If you ask for one they have to stop questioning you or risk anything you say being excluded as evidence against you. The key is not remaining silent, it is asking for an attorney if they have read you Miranda Warnings and informed you of your rights.
What if I have not been “read my rights”?
Sounds like they are fishing. If law enforcement wants to ask you questions you still don’t have to answer. If you don’t want to answer (which is probably a good idea), ask the officer if you are under arrest or are free to leave. If they haven’t read you your Miranda Warnings, chances are you are able to walk away, or if you are in your home or office, ask them to leave and then call a criminal defense attorney immediately to discuss your case. There are circumstances where it can be to your advantage to talk to law enforcement, but don’t do it alone. Consult a qualified criminal defense attorney and have them come with you to any interview with law enforcement. Meeting with an attorney can help you understand what law enforcement will ask you and the advantages and disadvantages of making any statements. Remember, even if you agree to make a statement you can stop anytime, and if you have an attorney with you they can tell you it is time to stop talking.
What if I know someone who has been taken for an “interview” or interrogation?
In Florida if you retain an attorney they can go to wherever the person is being questioned and tell law enforcement that they want to see their client. This can and should stop the interrogation. If law enforcement doesn’t allow the attorney access to their client and/or does not inform the client, anything the client says will not be admissible as evidence.
Some things to think about. Just because you are arrested doesn’t mean that law enforcement will read you your Miranda Warnings immediately. For example, in a DUI arrest they won’t read you Miranda Warnings until after you have been asked to provide a breath sample, well after you have been arrested and likely taken to the police station or jail. Law enforcement cannot ask for a breath sample until you have been arrested. Unfortunately, you are not entitled to an attorney in a DUI arrest until after they have asked for a breath sample so you will not be able to talk to an attorney prior to deciding if you should provide a breath sample (for more information about DUI and breath samples please take a look at our previous articles on DUI).
Do you have to say anything to law enforcement? Yes, the right to remain silent does not cover identifying information like your name. In an investigation or legal detention (even if you are not arrested), you have to tell them your name and provide identifying information such as an ID or Driver’s License, or you risk being charged with resisting or obstructing an officer.
Always remember you have a right to ask questions. “Am I under arrest?” “Can I speak with an attorney?” If you are not sure just tell law enforcement, “I would like to speak with an attorney.” That will stop all questioning other than identifying information.
If you or a loved one has been charged with a crime in Florida, call John Whitaker with Avera & Smith at 1-800-654-4659 or contact our law offices in Gainesville, Florida.