Tell the police that you want a criminal defense lawyer present if they call you in for questioning. Be aware that law enforcement can use your statements against you whether you have representation or not. Remember to invoke your Fifth Amendment right to remain silent.
In This Article
A New Mexico criminal defense lawyer discusses what you could expect when it comes to facing police in an investigation and answers the following questions:
- What to Do If You’re Questioned By the Police
- Should You Talk to Police Without a Lawyer?
- What Laws Apply to Police Questioning?
- Can I Be Forced to Make a Statement to Police During Questioning?
- What Happens If Police Forced a Statement or Confession?
- Can Police Lie to You During Questioning?
- Can I Be Forced to Make a Statement to Police During Questioning?
- Do Cops Call to Ask You Questions?
- Does Asking for a Lawyer Imply Guilt?
- When Police Questioning Could Lead to a Search Warrant
- Can Police Questioning Lead to an Arrest?
- Do You Need a Lawyer for Police Questioning?
- Are You Being Questioned By the Police in New Mexico?
Grano Law Offices, P.C. wrote this post for people who are being called in for questioning by the police or they are concerned for loved ones being called in. While personalized legal advice from an attorney is the only way to truly protect your case, we hope that the information presented below helps you gain a better sense of your situation.
What to Do If You’re Questioned By the Police
If you’re questioned by the police, inform them that you want a lawyer. Don’t be afraid to speak up. It’s YOUR LEGAL RIGHT, no matter where you live, work, and vacation in the United States. Ensure that you exercise this legal option as soon as possible when dealing with law enforcement officials.
However, here is a formal statement that you could memorize when stopped or called in for questioning by police:
“I will not answer any questions without my attorney present. I want to leave. Am I free to leave, officer?”
We know that Bad Things Happen to Good People every day. A simple mistake or being at the wrong place at the wrong time can have life-changing effects. However, you should know that once police want to question you, things start to get more serious on their side.
At this point, it’s critical to seek legal help:
Option 1. Try to find a lawyer licensed in your state that offers an initial consultation. Marc A. Grano of Grano Law Offices, P.C. practices law in New Mexico, so we can only serve people facing legal charges here, whether they live locally or out of state.
Option 2. If you live in Northern or Central New Mexico, call my office if the police want to question you. Our legal team can help you directly with a Free Case Strategy Session and then representation if you choose to hire us to represent your case.
Related Article: How to Respond If You Are Falsely Accused of a Crime
Should You Talk to Police Without a Lawyer?
No, you should not talk to the police without a lawyer if they are investigating you for a crime.
Get an attorney for police questioning if you want to protect your case and legal rights. Law enforcement can use your statements against you as evidence. You could accidentally make statements that make you look guilty without a lawyer present.
What Laws Apply to Police Questioning?
There are many rules and procedures that apply to police questioning. However, we want you to focus on two very important laws that govern their conduct, including how you submit your statements and the techniques used to get a statement or confession.
We discuss both of these concepts in greater detail below:
Can I Be Forced to Make a Statement to Police During Questioning?
No, you cannot be forced to make a statement to the police during questioning.
The primary law that applies to police questioning is that whatever statements they get from you, you must have made them voluntarily per 18 U.S. Code § 3501. Police are prohibited from psychological or physical coercion to force a statement from you. As such, coerced statements are inadmissible in court.
What Happens If Police Forced a Statement or Confession?
A common defense to your statements collected as evidence is accusing law enforcement of coercing or forcing your statement. However, police officers and detectives are prepared to say that you offered your statement voluntarily. If your statement was coerced, then you must have evidence to prove that it happened.
Examples of admissible evidence to prove a forced or coerced statement or confession include:
- Medical records
- Video evidence
- Photographs
- Witness statements
- Other discoverable evidence
Your criminal defense lawyer will request a copy of the video or audio file to review it independently for recorded statements. Without admissible evidence, the judge or jury may side with the police officer who questioned or arrested you.
Can Police Lie to You During Questioning?
Yes, the police can lie to you during questioning.
There are limitations to their lies. For example, they cannot fabricate evidence to convince you that something did not happen. However, the police can tell you that your co-defendant has already confessed and accused you of masterminding the whole thing.
Knowing that the police can lie to you is why, even without a lawyer, you should probably avoid speaking with them altogether. If you do decide to talk with them, you will almost certainly want to invoke the other aspect of your Miranda rights, which is the right to have an attorney present.
Police Won’t Share Their Information With You
Keep this in mind: When law enforcement questions you, they do not have to tell you what they know, whom they have interviewed, or what evidence they have available. Police investigations and questioning are not the time or place for testing calculated risks.
Do Cops Call to Ask You Questions?
Police can ask you questions by phone or in person. In general, they may try to reach out to you by phone for initial questioning and to schedule a follow-up meeting in person. If you have been avoiding their efforts, they could show up at your work or home.
It is better if they do not visit with you in person. Simply tell them that you will not respond to questions without a lawyer. You can then leave it at that and allow the investigation to continue without you, or you can involve a criminal defense lawyer to learn more about the ongoing investigation.
Does Asking for a Lawyer Imply Guilt?
No, asking for a lawyer does not and cannot imply guilt. You have an unalienable legal right to representation, and the justice system has no power to hold it against you.
It is not unusual for people to want to help the police. However, it is your right not to issue a statement. Sometimes, an innocent, well-intentioned statement can be misconstrued, misunderstood, or misapplied.
Don’t Let Police Scare You
It is easier said than done: “Don’t let the police scare you.” However, the mere fact that you are refusing to speak with the police is not something they can use against you. There is a potential that you could unwittingly say something that gives them standing to believe you are suspicious or guilty.
Related Article: Five Types of Police Misconduct in New Mexico
Example of How Talking During Police Questioning Can Go Wrong
An example of this scenario is a scene from one of my favorite movies, My Cousin Vinny.
In this scene, Billy Gambini Is being questioned for murder when he thinks he’s being questioned for shoplifting. During questioning, Billy seeks clarification from Sheriff Farley when confusion naturally arises.
While under that misbelief, the questioning progresses as follows:
- Sheriff Farley: When did you shoot him?
- Billy Gambini: What?
- Sheriff Farley: At what point did you shoot the clerk?
- Billy Gambini: I shot the clerk?
- Sheriff Farley: Yes, when did you shoot him?
- Billy Gambini: I shot the clerk?
As you can see, Billy believed he was being questioned for inadvertently taking a can of tuna without paying for it. He was being questioned for murder, and his surprise at being accused of murder was misapplied as a confession to a crime that he did not commit nor realize had even happened in the first place.
While this is, of course, a made for entertainment example, this situation has the potential of occurring in any police questioning.
When Police Questioning Could Lead to a Search Warrant
Law enforcement officers can ask a judge to execute a search warrant after police questioning. Police questioning is an evidence-gathering mission for them. If this situation happens to you, be aware that you do not have to let them in until you have a chance to review the warrant.
Here is what you are looking for:
- Correct identification
- Correct address
- Limitations of the search
It would be ideal to ask to speak with your attorney before letting them onto the premises. Depending on the circumstances, we can talk you through the search warrant process or even show up on-site. Your attorney will ensure that the police do not violate your rights.
Related Article: What to Do When Police Show Up with a Search Warrant
Can Police Questioning Lead to an Arrest?
Yes, police questioning could lead to an arrest if they are satisfied that they have enough evidence. However, you should invoke your Miranda Rights when arrested during or after police questioning.
Your Miranda Rights are those read by the arresting officer, which includes the provisions outlined in the 5th Amendment as follows:
“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?”
Do You Need a Lawyer for Police Questioning?
There is no law that states you need a lawyer for police questioning. However, you should try to hire one as soon as possible. Even a seemingly honest or innocent statement to the police can become a problem for you or your loved one in the future.
Most people are not thinking straight during police questioning, and rightfully so. The process is incredibly intimidating for anyone.
The most important thing to remember is that the police are not on your side when you are under investigation or after an arrest. One of their goals is to document your actions or statements and use them as evidence in the courtroom, either supplied in the arrest documents or to prosecutors directly. No more. No less.
A Criminal Defense Attorney Is on Your Side
There is minimal benefit to speaking with law enforcement if you do not have your attorney present. The most critical action you can take is to inform the officer that you want to talk with your lawyer and then start looking for one. If you cannot afford one, ask the police if you are free to leave or are being arrested.
However, an experienced criminal defense lawyer will help you handle the situation, potential charges, or court proceedings. You do not have to face this moment in life alone when you work with a legal professional who carries a reputation for results. We will stand by your side throughout the entire process.
Are You Being Questioned By the Police in New Mexico?
If you live in Northern or Central New Mexico, you can get legal help when being questioned by the police. Marc A. Grano, a criminal defense lawyer and our founder, welcomes you to contact us for a Free Case Strategy Session at (505) 426-8711 or message him privately via the secure contact form below. Grano Law Offices, P.C. can also meet with you in person or secure video chat.
