Our laws tell us that each and every person has the right to retain an
attorney to provide defense for their case. The law further states that
every person has the right to remain silent. Why is it, then, that so
many people when they are arrested feel the need to speak when they are
arrested? This can only set up prosecutors to bulldoze defendants, wearing
them down until they admit to some wrongdoing.
Attorney Presence at Police Interviews
One of the questions that often arises is whether or not the police can
interview a witness or a suspect without legal representation. As of now,
the laws do not prevent this from happening. So, if a suspect or another
individual were to provide information during these interviews, which
may be used later on as evidence in a trial.
If you have been arrested, you should know these fundamental rights:
- You have the right to remain silent to avoid self-incrimination
- Your words can be used against you later on
- You are allowed to retain an attorney if you request one
- Once you have requested an attorney, you cannot be asked any further questions
- If you choose to interview without a lawyer, you can still ask for one;
at that point, all questioning must stop
- You cannot be treated as though you are guilty unless there is a conviction of guilt
However, we have seen this happen time and time again. Police interviewers
and prosecutors are relentless and can manipulate or twist the interviewee
into falsely confessing to something he or she did not do. Sadly, this
customary practice is also legal.
Get in Touch with Carlson & Collier!
This, unfortunately, happens all too often. However, you should know that
it is your constitutional right to refuse to take part in a police interview
without a lawyer present. Some of us may take the interview as the opportunity
to clear your name and find absolution from any false accusations.
If you have any further questions about the criminal process, please
contact our Richmond criminal defense attorneys at
Carlson & Collier. We offer free, confidential consultations so that you can learn more
about the laws and how they may apply to your situation.
Call us at (804) 277-4774 to
make an appointment.