What should I do if police want to question me?
Under both the United States and Utah constitutions, you have a
privilege
against self incrimination. That means that in
almost all circumstances, you can invoke your Fifth Amendment
protections and refuse to answer police questions. In many cases,
remaining silent will be to your advantage. But there are possible
exceptions when speaking with police can help your situation. Before
deciding whether to speak with a police officer, you should consult
with an experienced criminal defense attorney.
Stephen
Howard is a
criminal
defense lawyer
who has handled literally thousands of serious criminal cases - more
than most Utah attorneys will see in their entire careers. His
experience includes charges ranging from aggravated murder to
DUI, and
virtually everything in between. As a result, he is
well-qualified to help you decide how to handle a police request for an
interview or questioning.
Contact us today to arrange for an initial confidential consultation.
The Fifth Amendment Right to Remain Silent
There is a natural human desire to want to be heard and understood. It
is common for a person who is called in by police for questioning to
believe that if they can only explain their side of the story, the
police will understand the situation. But what more often happens is
that police engage the principle of "anything you say can and will be
used against you."
As a general rule, police officers and detectives are typically not
inclined to interrogate individuals that are believed to be innocent.
Police do sometimes interview witnesses who are not suspected of any
illegal activity. But there are sometimes very fine distinctions
between an innocent witness and a criminal suspect. Before speaking
with police, it is adviseable to consult first with an experienced
criminal attorney.
In some cases, it will make sense to agree to an interview with police
- even when the subject of the interview is a suspect in the police
investigation and even if the subject of the interview is in fact
guilty of a crime. But these situations are generally few and far
between. The safer practice is to politely decline a police invitation
to answer questions, and instead inform the officer that that based on
information from an attorney, you will be invoking your Fifth Amendment
right to remain silent and are refusing to answer any questions until
your attorney is present. Only after consulting with an
experienced
criminal defense lawyer and discussing teh specific facts and details
of your situation can you make a fully-informed decision as to whether
or not it is in your best interest to speak to the police.
Finding a Utah Criminal Defense Attorney

If
you have been contacted by police with a request for an interview, if
you have been stopped by police and face questioning, or if you have
received a subpoena to testify in court, consutlation with an
experienced criminal defense attorney is strongly advised so that you
can understand your Fifth Amendment rights and how they can protect
you.
Contact us today to arrange for a confidential initial
consultation with Utah
criminal defense attorney Stephen Howard.
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