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Does a Person Have to Speak to the Police After Being Arrested? 

by Zachary Wade
Does a Person Have to Speak to the Police After Being Arrested? 

Getting arrested can be highly frustrating and stressful, leading to negative emotions. However, you must try to stay calm during and after the arrest. Anything you say to the police can be used against you and potentially harm your case. 

Know Your Rights 

Typically, when the police make an arrest, they are required by law to read you your Miranda rights, which state your right to remain silent. Any statement you make at the time of the arrest can be held against you in a court of law. You have the constitutional right to hire an attorney and have them present when the police interrogate you. If you cannot afford to hire a lawyer, the court will assign a public defender to represent you. 

According to the criminal defense attorney Jefferson City MO | Kirsch & Kirsch, LLC,  if the police continue to ask you questions, you can simply inform them that you want to speak with your lawyer and exercise your right to remain silent. The police can sometimes ask questions that can lead you to say something that can be used as evidence against you. Therefore, it is best to stay silent.

Why Is It Dangerous to Speak to the Police Without Your Attorney Being Present?

Even if you are innocent, you should not try to prove anything to the police. They are just doing their job and are not trying to make a judgment. Explaining your case to them will do no good. Divulging unnecessary information could undermine your case. You are not required to share any information with them, such as where you were going, where you live, or your nationality. If you are being interrogated, you might feel anxious. Your anxiety could get worse if you engage in conversation with the interrogator. This might give the impression that you are guilty. The safe thing to do is to stay quiet and ask for a lawyer. 

Keep in mind that even if you do agree to tell the police everything they ask, they would likely question you more than once, and if your answers change even slightly, they might suspect that you are not telling the truth. Even if the police say they want to make a deal with you and can help you in return for your statement, you should not say anything. Hiring an attorney should be the only thing on your mind when you are arrested. No matter how often the police ask you questions, you should refuse to participate in the interrogation without your lawyer. 

Some states require you to provide certain information, such as your name and address. However, you do not have to consent to be searched unless the police have a search warrant or probable cause. In a situation where there is an imminent threat to public safety, the police have the right to ask questions necessary to secure the safety of the public

Seek Guidance From an Experienced Lawyer 

Hiring an experienced defense attorney can help protect your rights. They can also inform you about the nature of your arrest and be present when the police question you. In addition, your lawyer can build a solid defense to the charges by assessing the facts of the case and gathering strong evidence. They can also help post bail. If you believe your rights were violated during or after the arrest, you should seek the assistance of a lawyer. For example, if you think you are subject to police brutality or the arrest was against your rights, your lawyer can help you get justice for your mistreatment. 

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