Criminal Law Frequently Asked Questions . . .

Below are some quick answers to some common legal questions often asked by clients or their family members. This information is not meant to substitute for actual legal advice or analysis  because no two cases are exactly alike and a single small difference in the facts of a case can make a huge difference in the outcome.


General Questions . . .

What are my rights when a police officer starts to question me?
Can a police officer detain me without arresting me?

Generally, you have the right to remain silent and not answer any questions - anything you say can be used against you in court. If you decide to answer questions, you may stop answering them at any time. You have the right to consult with an attorney before answering questions and to have an attorney present when answering them.

These are commonly called Miranda Rights, because in the case of Miranda v. Arizona, the united States Supreme court mandated that officer who interrogate suspects  when they are in custody must read inform the suspect of these rights before they begin to ask questions which are designed to  obtain incriminating information.

The Miranda decision was grounded in part by the Court's recognition that modern police interrogation is by its nature psychologically coercive and therefore a person should be made fully aware of their right against self-incrimination and the right to consult with and have an attorney present  during any police questioning when the person has been taken into custody. Modern physiological interrogation tactics can and do lead to many false confessions. Therefore it is critical to have an attorney present during any police questioning.

To find out what to do when a police officer wants to read you your rights and "ask you a few questions" click here.

What are my rights when a police officer starts to question me?
When am I officially "under arrest"?

Can a police officer arrest me without an arrest warrant?

How much force can a police officer use?

What property of mine can a police officer search?

What happens after I am arrested?

If I am arrested how do I get out of jail?

If a Police Officer asks me to take a field sobriety test, can I refuse?
I was arrested several years ago. Can the arrest be expunged or removed from my record?