What Should I Say to the Police If I’m Arrested?

Jun 30, 2017, by Martin Drias in Constitutional Law, Criminal Defense, Legal Blog

The law in the state of Michigan provides certain rights to officers of the state so they can perform their duty to preserve law and order and protect the citizens and property within a community. In the event that you are placed under arrest lawfully, you do have a duty to comply and not resist the officer who is arresting you. Even if you feel your arrest is unlawful, you can later take legal action if necessary regarding the false arrest. However, regardless of the conditions of your arrest and your requirement to comply, you are not necessarily required to say anything or reply to any questions about a crime asked of you by the arresting officer. You do have rights, including Miranda rights. It is best to speak with our criminal defense attorneys before you say anything about a potential crime to the police.

If you’re facing a criminal charge, or you suspect you may be charged with a crime soon, our defense attorneys at Drias Law Group can help. We are able to provide you with intelligent and aggressive representation to defend your constitutional rights and fight for your freedom.

Call us today at (313) 944-0236, or use our contact form to schedule a free consultation.

What You Must Tell the Police

Prior to your arrest, you will likely be asked several questions by the police. You don’t have to answer any questions regarding a potential crime. Additionally, you do no thave to consent to a search if asked. However, you do have to give the police basic information, such as:

Your photo identification
Your car registration and proof of insurance, if you were driving

All other information may be withheld until you speak with an attorney. Ask for an attorney if the police ask you anything about a crime in which you may be involved.

What the Police Must Inform You of After Your Arrest

The police are not required to inform you of your rights until after your arrest – and even then they only need to do so if they intend to question you. At the time of your arrest, whether it was done with or without a warrant, the police are required to inform you as to the reason for your arrest. Upon your arrest, the police are to inform you of your constitutional rights, i.e. Miranda rights. As well, you are to be taken promptly to the police station.

Before the police question you, they should inform you that:

The offense for which you are being arrested
You have no obligation to say anything
Anything you say may be used against you
You have a right to speak to a lawyer, and that a lawyer will be provided to you if you cannot afford one
You won’t be questioned unless you wish to be
You may speak to an attorney before being questioned
You may have a lawyer present with you during any questioning by law enforcement
You may consult with a lawyer at any time during questioning by law enforcement
You may stop the questioning by law enforcement at any time, and it will stop

You may be given a form that explains your rights and asked to sign it. By signing the form, you will be acknowledging that your rights have been explained to you and you understand them. If you are promised something in return for signing a document, or if you are forced or threatened into signing anything, inform your Detroit criminal defense lawyer immediately.

Questioning by the Police After Your Arrest

After your arrest, you have a right to remain silent. This is a very important Constitutional right for which you may not be punished in any way for exercising. You can waive, or give up, this right. However, before you say anything or sign any piece of paper, you should know what you are doing and what right you are relinquishing, if any. You may speak with your Detroit criminal defense lawyer before making any decision.

If you do answer any question posed to you by law enforcement, you are free to stop answering any time and free to refuse to answer any additional questions.

If you attempt to cooperate with the police by answering their questions after your arrest and while in custody, you can potentially create problems for your lawyer in defending you properly.

Know your Miranda rights, and always ask to speak with a lawyer first.

Contact an Experienced Detroit Criminal Defense Lawyer

A criminal charge is serious, but a criminal conviction can have potential long-lasting consequences for your life. If you’re facing a criminal charge right now, get the experienced representation you need through our team at Drias Law Group. We can build a defense on your behalf that is designed to fight for your rights and freedom.