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On Behalf of | Feb 3, 2023 | Criminal Law

When you are a suspect in a crime and law enforcement wants to question you, it is important to speak to a lawyer first. There are several reasons for this.

First and foremost, your constitutional rights may be at risk. You have the right to remain silent and the right to an attorney, and speaking to a lawyer first will help ensure that these rights are protected. A lawyer can advise you on what to say, what not to say, and how to conduct yourself during the questioning.

Second, a lawyer can help you understand the charges and potential consequences. The criminal justice system can be complex, and a lawyer can help you navigate the process and understand what you are facing.

Third, a lawyer can help you prepare a defense. If you are charged with a crime, you will need a defense strategy. A lawyer can help you gather evidence, interview witnesses, and build a case that protects your rights and interests.

It is important to note that if you are a suspect in a crime, you should not try to handle the situation on your own. Law enforcement officers are trained to obtain information and may use tactics that are not in your best interest. Speaking to a lawyer first will help ensure that you are protected and that your rights are not violated. Many times during the initial investigation the police will contact you and request that you come down to the police station and give a statement. If you go down voluntarily and are not under arrest the police do not have to advise you of your Miranda rights. They will take you to an interview room with a video camera and leave you in the room alone for a half hour to marinate in your thoughts. They will go to the other room and watch you squirm on the video camera. When they come back they will apologize for taking so long and thank you for coming down voluntarily. They will tell and show you that the interview room door is not locked, that you are not under arrest and you can leave at any time. They will many times tell you that what ever you say today you will not be arrested. What that means is that they are promising not to arrest you today, but that does not mean that they will not arrest you tomorrow.

They tell you all those things because if you are not under arrest or in custody, they do not have to advise you of your Miranda rights. They do not want have to advise your of your rights because you may then say, “do I need an attorney”? They will be able to show to the video footage later to prove that they told you that you were free to go, that you were not currently under arrest and that you came down on your own. They will not tell you everything they know. They will try to catch you in a lie to make their case better, even if you deny your involvement in what they are investigating. If you do not tell them anything, they will invite you to come back later and take a polygraph test. If you do come back another day, they have another opportunity to interview you and will probably claim you failed the polygraph test. Most people do not understand that polygraphs test results are NOT admissible in court. They just use them to convince people to confess. The can lie to you and tell you that you failed the polygraph. The police CANNOT use the fact that you will not talk to them against later if you are prosecuted. It is your right to remain silent. I have read more that one of the Sioux Falls police interrogation manuals. They have a lot of effective techniques to convince you to talk. Call a experienced criminal defense lawyer first.

In conclusion, if you are a suspect in a crime and law enforcement wants to question you, it is crucial to speak to a lawyer first. A lawyer can protect your rights, help you understand the charges and potential consequences, and prepare a defense. Do not try to handle the situation on your own, as the consequences can be severe.