Our experienced criminal defense attorneys represent clients against State and Federal criminal charges in Mercer County, NJ, from Speeding and DUI offenses to Aggravated Assault and Domestic Violence Restraining Orders GET A FREE CONSULTATION
Have you been contacted by the police? Have they asked you to come down for questioning? Are they refusing to tell you what they want to question you about? If so, you are not alone. This is a very common tactic used by law enforcement. If you have unfortunately found yourself in this type of situation we strongly urge that you contact an experienced criminal defense lawyer. Understanding your rights and your options is absolutely crucial. Law enforcement goes through very extensive training when it comes to how to conduct an investigation, including an interrogation. Certain admissions, let alone confessions, can prove to become very problematic when it comes to defending criminal charges. If you or a loved one has unfortunately found yourself in this situation, the Law Office of Proetta & Oliver can help. Since these types of requests tend to occur in the late evening hours, our office is available around the clock to help assist in anyway possible. To speak to one of our Mercer County criminal defense lawyers today, please call our Hamilton office at 609-789-0779. As always, our initial consultations are offered free of charge.
Can I Refuse Police Questioning?
Yes, anyone called in for questioning has the right to refuse to come down to station if they so choose. This right is founded in the Fifth Amendment of the United States Constitution. This is one of the most fundamental rights each and every citizen has: the right against self-incrimination. It in essence states that no person shall be forced to give incriminating testimony.
However, if after declining their request to come in for questioning, the individual is informed that they have formally been charged with a crime, then they must come down to the station and surrender themselves. With that being said, they still have the right to remain silent and decline to be questioned. If this is to occur, we strongly urge that you consult with an attorney prior to surrendering.
What if Police don’t Read me my Rights?
This is by far one of the most common questions we get and it is anything but straightforward. Unless the individual is in police custody and they are being subjected to an interrogation, as opposed routine questioning that amounts to pedigree information, Miranda Rights would not be administered. It is important to note here that police custody does not require the individual to be in station or in handcuffs. You can even be held in police custody on the side of the road, following a routine traffic stop. If an individual was in custody, subject to an interrogation, and was not read their Miranda Rights, any statements they made may be deemed inadmissible in court. Calling Miranda violations into question can be a very effective defense strategy, which is why a knowledgeable criminal lawyer should evaluate your case for the best defense opportunities.
Can Officers Refuse to Tell me what the Questioning is About?
Yes and more often than not, the police will be very evasive when they first contact an individual. This is just another one of the tactics they tend to use when they are seeking to convince an individual to come down to the station for questioning. In fact, they often try to persuade the individual by stating that they “just have a few questions” and that they “just want to get their side of the story.” This may in fact be the case but more often than not, there is a bigger agenda on their minds. To a detective, key admissions or a confession from a suspect is what they are always seeking and they have a lot of lead way in what they are allowed to tell a suspect in order to get them to talk. These are just a few of the many reasons why we strongly suggest that you contact an experienced criminal defense attorney prior to going down to the station for questioning.
Do Police only Question a Suspect if its a Felony?
In short, no. There is really no way to tell what the police are seeking to question a suspect about unless they are willing to reveal that information. However, more of then not, the suspect typically has an idea as what they could be inquiring about. Some of the most frequent calls we see from suspects or their loved ones involve allegations of sex offenses like sexual assault, endangering the welfare of a child, luring as well as theft offenses like theft by deception, shoplifting, theft of movable property and burglary. With that being said, regardless of the underlying situation surrounding the police inquiry, we still strongly urge anyone who finds themselves in this situation to contact an attorney and at least understand your rights prior to going to the station.
Criminal Investigation Defense Lawyers in Mercer County, New Jersey
Being accused of a crime let alone being charged with a crime can be terrifying for most. If you suspect you may be under police investigation and are asked to submit to questioning, it is advisable to speak with an attorney before making any decisions. If you would like to speak to one of the Mercer County criminal defense lawyers at Proetta & Oliver about your options, please call us at 609-789-0779 or contact us online. Our office serves all of Mercer County, including Hamilton, Trenton, Ewing, Lawrenceville, Princeton, Robbinsville, West Windsor and East Windsor. As always, our initial consultations are free of costs, so if you have any questions whatsoever, please do not hesitation to contact us.