Q&A

Can you remain silent in an interrogation?

Can you remain silent in an interrogation?

Q: Do I have to answer questions asked by law enforcement officers? A: No. You have the constitutional right to remain silent. In general, you do not have to talk to law enforcement officers (or anyone else), even if you do not feel free to walk away from the officer, you are arrested, or you are in jail.

What can a lawyer do during interrogation?

You Can Waive Your Right To Counsel If You Do Not Remain Silent. You can request an attorney at any time. Questioning must cease unless you then decide to keep talking on your own. If you ask questions yourself, even as simple as “what is going to happen to me now?” You may conceivably waive your right to counsel.

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How do you refuse to answer a question in court?

If you don’t want to answer a question, do not ask the judge whether you must answer it. If the question is improper, the district attorney will object. Don’t look at the district attorney or at the judge for help in answering a question. You are on your own.

Do you have to speak during a police interrogation?

You have the constitutional right to remain silent. In general, you do not have to talk to law enforcement officers (or anyone else), even if you do not feel free to walk away from the officer, you are arrested, or you are in jail. You cannot be punished for refusing to answer a question.

Can You Talk Your Way Out of a police interrogation?

Some people believe that they can talk their way out of anything. When one is facing the prospect of a police interrogation, though, it is best to think again. A police interrogation is not a fair fight. The detectives have all of the experience and all of the information. The only thing a suspect possesses is uncertainty and fear.

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What happens if you invoke your right to counsel during interrogation?

The law provides that once a person invokes his right to counsel, all police interrogation must immediately stop, and it may not resume again until the supect has been provided an opportunity to consult with an attorney. This is in contrast to simply telling the officers that you do not feel like answering questions.

What happens when the suspect refuses to answer the police questions?

When the suspect still will not answer questions, the bad cop will lose his temper and leave the room. Then the good cop will sit down and, in an affable manner, attempt to befriend the frightened suspect. Eventually, of course, the good cop wil cajole the supect into confessing.

What happens if a client refuses to give a witness statement?

If the client refuses to do so, the lawyer has an ethical obligation to disclose the perjured testimony and/or submission of false evidence to the court.