Printer-friendly version

 

What if I don’t want to talk to the Police?

 
A person is not required to talk to the police or other law enforcement personnel.  Virtually every attorney / lawyer will agree that if a person is accused or suspected of committing a crime, that person should never talk to law enforcement without an attorney present.  However, people should always be polite to police officers and treat them with respect.  
 
The attorneys at this law firm inform individuals that if being questioned by a police officer that they should only provide basic identifying information, i.e. name, address and phone number.  No information should be provided beyond that information without an attorney present.  The person being questioned should politely inform the police officer that they do not want to speak.  People should asset both the fifth (5th) amendment right to remain silent and the sixth (6th) amendment right to have an attorney present.
 
United States of American Constitutional Amendment V: No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall nay person be subject of the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
 
United States of American Constitutional Amendment VI: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trail, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.