What If Law Enforcement Officers Threaten Me With A Grand Jury Subpoena If I Don’t Answer Their Questions
A grand jury subpoena is a written order for you to go to court and testify about information you may have.
If a law enforcement officer threatens to get a subpoena, you still do not have to answer the officers questions right then and there, and anything you do say can be used against you. The officer may or may not succeed in getting the subpoena. If you receive a subpoena or an officer threatens to get one for you, you should call a lawyer right away. If you are given a subpoena, you must follow the subpoenas direction about when and where to report to the court, but you can still assert your right not to say anything that could be used against you in a criminal case.
Should I Talk To The Police Won’t I Look Guilty If I Don’t
SHORSTEIN, LASNETSKI, & GIHONShould I talk to the police? Won’t I look guilty if I don’t?Fifth Amendment to the Constitution of the United States“No person…shall be compelled in any criminal case to be a witness against himself…”Should I talk to the police?Won’t it make me look guilty if I don’t talk to police?What should I do if a police officer wants to ask me about a crime?What can you do for me if a police officer wants to talk to me?What if my family member is being questioned right now? Can I hire you to represent him or her?McAdams v. State Shorstein, Lasnetski & Gihon904-642-3332
Dont Give Answers That You Think The Officer Is Looking For
Officers often ask do you know why I pulled you over? You may think it will help you if you can figure out the reason for the stop. But, it may also be taken as an admission of guilt which may work against you later. Even if you know you were speeding, or not wearing your seatbelt, you dont know if thats why the officer stopped you.
Conversely, if the officer asks do you know how fast you were driving? your answer should be yes.You should always be aware of how fast you are driving. If the officer tells you how fast you were driving, you can answer something like I understand. That shows you understand what the officer has told you, but you dont necessarily agree that its the speed you were travelling.
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How To Talk To A Police Officer If You Are Pulled Over
For some people, even the sight or proximity of a police officer can cause anxiety. At the other end of the spectrum are those who express open disdain for law enforcement officers, even if theyve been pulled over due to an infraction.
Both reactions, and everything in between, can make matters worse if you dont know how to speak to an officer.
There is one simple way to put yourself in the right mindset when talking to an officer. Its a mindset that is more likely to produce the most favourable outcome for you.
Speak to the officer like you would like to be spoken to if you were them.
Still, thats just the mindset. But what you actually say to the officer can be the difference between avoiding a traffic ticket, and being convicted of one.
Common Scenarios Used By Law Enforcement
Police interviews are aimed at producing one thing and one thing only: a CONFESSION. The best response to a law enforcement officer when they want to interview you is to request to speak a lawyer or simply say nothing at all.
Some of the more common scenarios used by police to interview suspects are:
Direct Confrontation
In this scenario the police officer and/or the detective get in the suspects face and tells the suspect that all the evidence points to the suspect and they know the suspect committed the crime. The officer may lie to the suspect and say the suspects DNA or fingerprints were found at the crime scene.
The officer continually tells the suspect they know that he/she committed the crime and that he/she should just admit it and move on. The officer is pressing the suspect into a confession. The officer may even get the suspect to offer a face-saving explanation as to why he did it and this allows the suspect to minimize the crime.
Apology Scenario
Here the officer will tell the suspect that he / she should apologize to the victim in order to complete his investigation. The officer will request the suspect write out a full apology letter which includes all the details of the crime.
Your Side of the Story
Lying Scenario
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Am I Allowed To Lie To The Police
No. While you have the right to remain silent, you do not have the right to lie to the police. Lying to a police officer who is investigating an offence may constitute obstructing a peace officer or obstruction of justice. These are serious criminal offences in themselves. If you are charged with an offence, lying to police will also hurt your ability to defend yourself in court.
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What Is An Official Arrest
If youve been put under arrest, it means you can be interrogated for a crime and you are not free to leave. However, criminal suspects do have constitutional rights that police officers must honor. For instance, you cannot be detained at a police station without being under arrest, otherwise, you are being illegally held by police. In fact, if you are unlawfully detained without an arrest being made, it could lead to your case being dismissed later on.
How Will We Respond To Your Complaint What Can You Expect From Us
- You will be treated with courtesy and respect and we will protect your confidentiality you will not suffer any detriment for having complained.
- If you wish to remain anonymous, you may do so, however this will not enable us to contact you if we need to clarify matters or provide you with information about the outcome of your complaint.
- We will acknowledge receipt of your complaint within 7 business days. An identification number will be given to the complaint and it will be forwarded to a complaint handler for consideration. Once a complaint is received by the complaint handler it will be assessed in order to determine the best course of action. The complaint will generally be handled at your local police station.
- You will be provided with the contact details for your complaint handler who will keep you updated on the progress of the investigation.
- The manner in which a complaint will be dealt with will depend on the nature of the alleged conduct. The NSW Police Force will assess your matter and deal with your complaint by:
- Direct response .
- Resolution discussing the complaint with you and the involved police officer
- Investigations where a formal investigation is conducted.
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Police Tactics To Get You To Talk
Most people are at least somewhat aware they should not talk to the police, however conversely, a large percentage of those same people do talk.
Many innocent believe if they simply tell the truth, they will be on their way home much more quickly.
Those who may have done something wrong, sometimes believe they can talk their way out of it.
Whatever the situation, police officers are trained to get suspects to talk, and once they do talk anything they say can be taken out of context and used against them to gain a conviction.
All peopleguilty or innocentshould contact an attorney before saying anything to the police. It is a good idea, however, to know what to expect in order to protect your rights until your attorney arrives.
What Will I Learn In A Police Officer Degree Program
While we cant speak for every program in Canada, Lauriers policing degree students can expect to learn the following:
- How to recognize and deal with trauma. Youll be able to identify the signs of trauma in yourself, your colleagues, and the community. You will also learn how to process and react to trauma
- Criminological and psychological theories. Youll learn to apply the foundations of good police and detective work
- The major debates in policing and justice today. Understanding different perspectives on these issues will help you become a better police officer
- Leadership, critical thinking, research, and conflict resolution skills and
- How to understand and appreciate the justice system of Canadas Indigenous people, and what your role as a law enforcement officer in their communities entails.
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Police Will Try To Trick You Into Talking
For decades, my partner and I have watched interrogation videos in awe. Even extremely intelligent people make the mistake of talking with the police.
Believe it or not, even some of the best criminal defense attorneys have made the mistake of talking to the police, figuring that if they could just explain their side of things, the officer would let them go.
No matter how nice that a police officer may seem, you must assume that they are trying to get information with which they can convict you. Do not fall for the nice guy routine. Remember, the courts have repeatedly held that the police have the right to lie. The only thing you need to say is that you want your lawyer.
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What Is A Stop And Search
To understand what stop and search is, visit our dedicated stop and search page.
If youre approached by a police officer for stop and search, youre still not required to answer anything.
If they ask whether they can search somewhere, you dont have to say yes. There are two key points to remember:
- If they have the legal power to search somewhere , they do not need your permission.
- If they dont have the legal power to search somewhere then saying yes does not make the search legal.
They might also ask your name and address, but again, you are not required to give this information and you should not feel pressured to answer their questions. If they find something during the search, or otherwise are treating you as a suspect, see that section below.
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What Is An Interview Under Caution
In some circumstances, you can also be formally questioned without being arrested. This is called being interviewed under caution and will normally be used when you are suspected of a crime.
This is similar to being questioned when under arrest, but youll probably have more time to get legal advice. You should find a firm specialising in criminal defence law and get their advice before your interview.
If I Speak With A Lawyer Before I Talk To The Police Wont That Make Me Look Guilty
Many people worry that speaking with a lawyer will make the police think they are guilty, or make it look like they have something to hide. It is important to remember that, if you are charged with an offence, the prosecutor cannot argue that it is more likely you are guilty because you spoke with a lawyer. Innocent people and guilty people both need legal advice.
Ultimately, whether you look guilty is less important than whether it can be proven you are guilty. A lawyer can give you the important advice you need to prevent making a mistake that cannot be undone.
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Does Asking For A Lawyer Make Me Look Smart Or Guilty
Whatever you think the perception might be, seeking advice before an interview is crucial. This about it like this, what if the police officer was being interviewed about an alleged offence, would he or she obtain legal advice? The answer is yes of course they would.
There are a few other points you need to consider
- It doesnt matter what the interviewing officer thinks, the decision as to what happens after the interview is somebody elses.
- Youre being interviewed because the officer already suspects that you may have been involved. If you looked innocent, they wouldnt be speaking to you.
- Just because they suspect you may have committed an offence doesnt mean they can prove you actually have done anything wrong.
- They dont interview you for your own good, the purpose of an interview is to secure evidence by questioning, and that is evidence against you.
- In English law the burden of proof is on the prosecution, they have to prove that you are guilty it is not for you to prove that you are innocent.
Obtaining advice is the smart thing to do, waiving your right free legal advice would be foolish
Giving A Written Statement
If you give a written statement, the police will normally ask to come to your home or ask you to visit the police station.
The police realise that talking about what you have witnessed can be a difficult experience. If you find making your statement distressing, you can ask for a break at any time.
Once the statement has been written, the police officer will ask you to read it to check its accurate. You can ask the police officer to read your statement to you.
You will be asked to sign the statement to say that it is an accurate account of what you think happened. If something is not right, tell the police officer so that they can change it. It is very important to do this, even if you feel nervous about doing it, as it could affect the investigation.
Sometimes the police may need to speak to you more than once, for example, if they need to check information.
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Reflect On What You Consider Suspicious
Stereotypes surrounding people of color are abundant in the United States and can influence even the most genuine people.
These stereotypes have infiltrated peoples thoughts through negative media portrayals, inaccurate social media posts, and even racist relatives. In fact, its not uncommon to buy into stereotypes and prejudices without even realizing it.
One prime example, of these inaccurate portrayals, is that of Black teenagers with their hoods up. Some people automatically assume that these young people are up to no good, but there can be many other explanations for wearing a hood up including cold weather or a sense of style.
Overall, the problem with stereotypes is that not everyone recognizes that they are being influenced. For this reason, its important to question the thoughts that filter into your mind and ask yourself why you are thinking along those lines. You can help combat racism when you begin with addressing and undoing your own biases.
What Happens If I Go To The Police Station For A Chat
We are aware of situations where clients have been invited in for a friendly chat and are taken by complete surprise when, on arrival, they are ushered into an interview room a recording is started and a formal interview under caution begins. Why do police officers do this, when they clearly suspect the individual of committing an offence? One can only speculate, perhaps it is to catch you off guard or because they dont want you to attend with a solicitor. The fact is that if you are suspected of committing an offence you have legal rights which are in law in order to protect individuals.
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Do I Have To Talk To The Police If They Contact Me
On Behalf of Wm. Bruce Shepley, Attorney at Law | Oct 4, 2022 | Criminal Defense |
You have probably heard various reasons why you should or should not talk to the police in different types of situations. These situations could include getting pulled over, receiving a phone call from a police officer or having one show up at your door to ask you questions.