If a police officer has arrested you for a misdemeanor or felony in Minneapolis, know that you do not have to answer their questions. You are protected under the Fifth Amendment from providing any statements that could implicate you in a criminal matter. The only information you have to provide to an officer is your name; other than that, you can stay quiet.
Often, it can be intimidating to be questioned by the police. They are authority figures, and you don’t want it to seem like you’re being defiant by not providing statements. Refusing to answer questions – even when you have done so politely – can feel as if you are doing or have done something wrong. Still, staying quiet is your constitutional right, and you are not doing anything wrong by invoking it. In fact, if an officer arrests and plans on questioning you, they must give you the Miranda warning, advising you that you can remain quiet.
In some cases, you might believe that you have been wrongly accused of the offense and want to tell your side of the story. It might seem that if you do not speak to the police, your voice isn’t being heard. As such, you become eager to discuss the situation from your perspective. However, trying to explain to officers what happened is unlikely to result in your release. It could actually get you in more trouble, as anything you say could be misconstrued and used against you in court.
What If I Was Only Stopped by the Police?
Even if the police have stopped you and not placed you under arrest, you are not required to give any information other than your name. You can also ask if you are free to leave, and if the officer says yes, you can go.
When an officer stops or detains you, they are likely doing so to establish probable cause for an arrest and gather evidence to bring criminal charges. By asking questions and getting statements from those involved in the offense, they increase the probability of criminal prosecution. Thus, they question you to see if there is reason to believe you committed the crime. In other words, they are not questioning you to help you out, although they might make it seem that way.
Can I Face Penalties for Remaining Silent?
As mentioned before, your right to remain silent is a constitutional protection. If you invoke your rights, you are not committing any crime. Therefore, you are not subject to penalties for not making statements. Additionally, your decision not to answer police questions cannot be used against you in court.
Consult with an Attorney as Soon as Possible
Before talking to the police, speak with a Minneapolis criminal defense lawyer about your case. Although you do not have to answer law enforcement officials’ questions, there may be times when providing a statement would be okay. An attorney can advise you on when you should or should not say anything.
Additionally, if law enforcement officials violated your rights at any time during the investigation or interrogation, your lawyer can work to ensure that the violation is addressed. They may be able to file a motion to suppress and have any unlawfully obtained evidence deemed inadmissible, effectively weakening the prosecutor’s case against you.
Just as remaining silent is your constitutional right, so too is retaining legal representation. Be sure to exercise this right early on.
At Brockton D. Hunter P.A., we are here to provide the counsel you need through every stage of your case. Request a consultation by calling us at (612) 979-1112">(612) 979-1112 or filling out an online contact form today.