What usually happens when a suspect is confronted by police? Or when the police ask the suspect to “come down to the station”? What I usually see in my practice is that in spite of the “Miranda” warnings we all hear about on TV, suspects don’t listen to those warnings and they talk, and by talking they damage their criminal cases for the long term.
But the 5th Amendment to the U.S. Constitution guarantees the right to remain silent. If you’re confronted by police, you need to remember that. You might hear a phrase that I see all the time when I review a taped statement in a criminal case. The police officer will say, “We just want to hear your side of the story.” Understand this: The police are trying to get you to talk. They will probably charge you and take you to the county jail whether you make a confession or not. And decisions have come down over the years that allow the police to lie to a suspect during questioning in order to get the suspect to admit to something. No, it doesn’t sound fair or right, but the law allows it.
So, what should you do? You should immediately ask the police for a lawyer when faced with police questioning. At that point, the police are required to stop questioning you. And then you should have your family or friends immediately contact a lawyer to represent you.