What Are My Rights When Questioned by Police?

When questioned by the police, you have the right to remain silent. You don’t have to answer any questions if you are under arrest. Once someone detained by the police invokes Miranda by expressing a desire to remain silent, have counsel present, or both, the police must stop all interrogation.

If you do decide to speak to the police, the statements can be used against you in a court of law. You may stop answering at any time and all questioning by police must stop as well. You have the right to have your attorney present if you decide to answer any questions. The request to have an attorney present must be clear and direct.

The police are not allowed to question you after you have invoked your constitutional right for legal counsel. However, if you agreed to talk to them after they properly read your Miranda rights, and you did so voluntarily (without pressure, duress, coercion, etc), then the questioning is legal and the answers you gave can be used against you in court. You CANNOT be penalized for refusing to answer an officer’s questions. If you try to cooperate by answering questions while you are being held in police custody, you may create difficulties for your lawyer in defending you. ALWAYS ASK TO CONSULT WITH AN ADVISE WITH AN ATTORNEY.