What to do When Questioned by Police?

If the Police are at Your Door, call immediately to have an attorney explain your rights!

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Questioned by Police Aurora, IL

It is important to note the police can get around the right to be silent by telling a person he is not under arrest. If a person is not under arrest, the police are not required to read the Miranda rights. The police can simply ask a person for information. Without hearing those rights, someone might start answering the questions from the police and might even provide some self-incriminating evidence. Once the police have the information they need, THEN they may place the person under arrest. Every person has the right to be accompanied by an attorney before answering questions from the police, although you do NOT have to be advised of that right until after you are officially arrested. If a person is brought in for questioning, and has not been charged, it is still wise for that person to be accompanied by an attorney who will know how to protect his client from saying anything that be used later against him in court.

Detained vs Arrested

Determining whether you’re under arrest is not always as easy as you think and you may feel like you are under arrest when you’re in fact not. Police often hope you feel compelled to answer their questions or to go into the police station and speak with an officer, so you should come right out and ask: “Am I under arrest?” if the answer is “not yet” or “you will be if you don’t start answering my questions” just politely explain that if your not under arrest you want to leave or that you will speak with an attorney and come back in when the attorney is available and if you are told that “yes, you are under arrest” then state that you will be more then happy to answer questions but NOT until after your attorney is present- “I want to remain silent and will only answer questions when my attorney is present”.

Also, even if you are under arrest, the police DO NOT HAVE TO READ YOU YOUR RIGHTS until they begin to ask a person self-incriminating questions. So if a person has been arrested but not provided with Miranda rights and that person blurts out incriminating statements those statements CAN be used against them in court.