Know Your Rights as a Suspect During a Criminal Investigation

Judge Gavel and Law Books
Matthew Henry / Burst

If you are in the process of being questioned by the police about where you were or your involvement or actions with regards to a criminal investigation, the legal system will consider you to be a suspect. There is no denying the fact that this is a terrible situation to be in. However, remember that being a suspect doesn’t make you a criminal. As a suspect, you must be very careful about what you do and say because any mistakes here can make you sound guilty or lead to criminal charges. Also, don’t forget that the U.S. Constitution provides important protections to each suspect facing a criminal investigation. You need to understand these protections and enforce them in this situation.

Important Rights to Exercise as a Suspect:

Even if you are innocent and believe that there is nothing for you to hide, it is better to not assume that all your issues will be solved just by cooperating with the police. Be aware of the harsh reality that you may find yourself charged with an offense that you have nothing to do with. If you are being contacted by the police about a criminal investigation, be sure to exercise the important rights mentioned below.

Right to Leave: Remember that you are well within your rights to leave if you have not been arrested and have not been provided your Miranda rights as specified by the 5th Amendment to the U.S. Constitution. The problem that many people face is that they are not sure of the fact of whether they are being simply questioned or have been arrested. The best way to find this out is to ask the investigating officer. You should leave immediately if you are not under arrest. Without wasting any time, get in touch with an experienced criminal defense lawyer to determine your next steps.

Right to Privacy: The 4th Amendment to the US Constitution provides you the right to privacy. This means that as a suspect, you have the right to remain protected from unreasonable seizes and searches of yourself as well as your property. If the police don’t have a search warrant, you have the right to not allow them to search your vehicle, home, or any other property.

Right to an Attorney: The 6th Amendment to the US Constitution provides suspects the right to an attorney. As a suspect, this is a right that you must exercise and retain an experienced attorney to help avoid criminal charges.

Right to Remain Silent: The US constitution’s 5th Amendment gives suspects the right to remain silent and refuse self-incrimination. This right can be invoked to remain silent if the police interrogate a suspect. The suspects may also advise the officer-in-charge that they want their attorneys to be present. Remember that the police officers may trick you into making incriminating statements. Therefore, avoid talking to them or answering any of their questions.

What If the Police Want to Interrogate?

If the police call you for questioning, do not consider going through it alone. This is the time for you to exercise your right to an attorney and contact an expert lawyer before entertaining any further discussion with the police officers. Remain extremely firm and insist that you will only speak to the police in the presence of your lawyer.

Police officers are experts in using different tricks to get the suspects to speak to them. Experienced attorneys can keep you safe because they are well aware of these tactics. Your attorney can also provide you valuable guidance on how the questions from an officer should be handled. Mentioned below are some general tips you should follow.

  • Try to remain calm throughout the interrogation process.
  • Never try to obstruct an interrogation or lie.
  • If you have been confined in a cell, avoid discussing the case details with other inmates.
  • Don’t discuss the case details over a jail telephone because your conversation may get recorded.
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