The short answer is no. You are not required to talk to the police at any point in time, even if you are charged with a crime. You are, however, required to provide officers with your name if asked, but beyond that, you do not have to answer questions. This blog covers a basic overview of police encounters and your rights during the same.
The Fifth Amendment of the United States Constitution provides you with two powerful weapons to protect yourself during police encounters. First, as you’ve probably already heard, under the Fifth Amendment, you have the right to remain silent. This Constitutional right is always available to individuals, regardless of setting. If Police Officers want to ask you questions, you do not have to answer, except for providing your name in certain situations. Once you invoke your right to remain silent, all police questioning must cease immediately. But, however, this does not mean that the police can never try to question you again. Instead, officers must simply stop questioning you in that instance. If police officers attempt to question you at a later point in time, be aware that you may need to re-invoke your right to remain silent.
The second protection the Fifth Amendment offers is the right to counsel. This right provides individuals with the right to have their attorney present for any type of police questioning. Again, this right is always available to you. No matter the setting, you always have the right to have your attorney present with you for police questioning. Unlike the right to remain silent, once you invoke your right to counsel, all questioning must stop, and can only be resumed once your attorney is present. No further questioning can take place unless you initiate the questioning with the police and waive your right to counsel.
Police encounters can be scary, but they don’t have to be. You have rights to protect yourself. If you find yourself in trouble skilled defense counsel is crucial to protect your rights. This blog is written by attorneys at Dixon & Moseley, P.C. who handle the full spectrum of criminal cases throughout Indiana. This blog is not intended as legal advice or a solicitation for services. It is an advertisement.
