Being questioned by police is intimidating, but you do have rights that protect you.
Facing a police interrogation is very intimidating. Often, people want nothing more than to cooperate with police so they can be released from custody and forget the entire ordeal. Unfortunately, it is not uncommon for people to forfeit their rights when they do this. While it is important to remain calm and respectful during an interrogation, this does not mean you have to provide the police with everything they ask for. Below, one of our Texas criminal defense lawyers explains your rights during a police interrogation.
The Right to Remain Silent
Most of your rights during a police interrogation are covered under the Miranda warning. These rights must be read to you if you are in police custody and are being interrogated. The first of these rights is the right to remain silent. Again, many people only want to answer the officer’s questions so they can be released. Answering questions does not necessarily mean you will be free to go afterward, however. Instead, the officer will likely take your words out of context and use them against you.
The officer may say you are required to answer their questions. You are not. Always remain silent until you speak to an attorney.
The Right to an Attorney
Everyone has the right to an attorney during any legal matter. If you are being interrogated by the police, you have the right to have an attorney present. Again, the police officer may tell you that you do not have the right to legal counsel, but this is simply not true. An attorney can make sure your rights are protected and that you do not make any statements that could be used against you in court. Always insist on an attorney and do not answer any questions until yours is present. If you cannot afford an attorney, the state must appoint one for you.
The Right to Refuse a Search
All Americans are protected from unlawful search and seizure under the Fourth Amendment. Under this amendment, law enforcement officials must obtain a search warrant before searching any of your personal property. However, if law enforcement does not have a warrant and you consent to a search, they have a right to search your personal property. During an interrogation, the officer may ask to search your vehicle, home, or electronic devices. They may even tell you they have the right to do this search without a warrant, but in most cases, that is not true.
Never consent to a search. Even if the officer proceeds to search your personal belongings, you can challenge the search later in your case and have any evidence it produced thrown out so it cannot be used against you.
Call Our Texas Criminal Defense Lawyers in Texas Today
If you or someone you love has been stopped or interrogated by police, you need legal advice. At Granger and Mueller, P.C., our Texas criminal defense lawyers know how to uphold your rights, as well as the strategies to build the strong defense you need. Call us now at (512) 474-9999 or contact us online to schedule a consultation and to learn more about how we can help.