Answers from an El Paso Criminal Law Attorney
Know Your Rights When You Are Detained by Police
If the police detain you, but they have not arrested you, you may be uncertain of your rights. It’s understandable that you want to leave, but a certain amount of cooperation may benefit you down the road.
Our firm is ready to stay by your side when you are detained by the police. The assistance of your choice of El Paso criminal lawyers is one of your rights, so make sure you take the opportunity to get the help you deserve during detainment.
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When do the police have to inform me of my Miranda rights?
After you have been officially taken into custody, but before you are interrogated, the police must inform you of your right to stay silent and your right to have an attorney present. If you are questioned at a crime scene, these answers are admissible in court and not subject to Miranda protections.
Can the police question me without reading me my rights?
Absolutely—and they probably will if the situation suits them. If you are on the scene of a drunk-driving accident or if you are present during gunplay or someone else’s drug arrest, the police may ask you questions and they may use that information against you later if they want to charge you with a crime.
What if I say I don’t want a lawyer and then I change my mind?
You have the right to change your mind and call a lawyer. The statements you made prior to changing your mind are still admissible in court, as are any remarks you make during an interrogation.
Can the police lie to me?
Yes—and, again, they will if the situation suits them. The police cannot lie in court, but they can say anything they want to you during an interrogation. If you think the police are lying to you, remain silent until your lawyer arrives.
Can I trust my interpreter?
The police will provide an interpreter for people who are deaf or who do not speak English well enough to understand their Miranda rights or any subsequent questioning. You do not have privileged communication with your interpreter the same way you do with your attorney. If you think something is wrong with your interpreter’s actions, remain silent.
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