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As a suspect, you are invited to a police interrogation. What next?
If you are suspected of a criminal offense, the police will conduct an investigation. In many cases, the police will want to question you about it. This is called the police interrogation. Not only after you have been arrested as a suspect, but also at the invitation of the police, you may be "interviewed" at the station. Every suspect has the right to see a lawyer prior to the first police interrogation. As a suspect, you are also entitled to a attorney during police questioning.
May you refuse an invitation to police questioning?
You are not obliged to comply with the invitation to police questioning. Thus, you may refuse the invitation. If you do not comply with the invitation, the police may arrest you as a suspect at a later date. You then run the risk of being detained. Alternatively, the police may invite you for questioning because there is insufficient evidence to arrest you. Through the interrogation the police want to collect additional evidence. Therefore it is wise to always contact a police officer first. criminal lawyer, before you accept the invitation. It is important to consider the specific facts and circumstances of your case.
How does a police interrogation proceed?
During a police interrogation, the police will ask you a variety of pointed questions and you will be asked for a statement. The interrogation is usually conducted at the police station and can sometimes last several hours. Usually the police have collected evidence beforehand. During the interrogation, you are often confronted with evidence and any inaccuracies in your statement. Meanwhile, the police officer types your statement along in a so-called minutes of interrogation. Body language and other striking facial expressions may also be included in this record. Anything you say and do, even outside of the interrogation, can be used (against you).
Why is it wise to hire a lawyer prior to police questioning?
Never make a statement to the police before you deal with a attorney has spoken. Not even if you are innocent. An interrogation with the police is considered by many people to be an impressive experience, bringing with it the necessary pressure. Our criminal lawyer can work with you prior to the interrogation to develop a plan of action and advise you on exercising your right to remain silent (see below). A lawyer will prepare you for the police interrogation and explain your rights and the rest of your criminal case. If you make a statement without advice, you may suffer serious consequences. Please feel free to contact up to prevent that.
Should you invoke the right to remain silent during police questioning?
You can never be required to answer the questions asked. Indeed, it is a fundamental right as a suspect in a criminal case to remain silent (also known as the right to remain silent). The police are required to inform you of that right at the beginning of the interrogation. Whether it is wise to remain silent during police interrogation varies from case to case. Our lawyers will advise you what is the wisest thing to do in your particular case. In some cases, it may be very good to make a statement during the initial interrogation. It is important to know that once you have made a statement, you cannot simply withdraw it. Therefore, if you are invited by the police for a suspect interrogation, it is essential to seek expert advice on the exercise of your right to remain silent and your further procedural posture. We would be happy to review the options with you.
Why is it wise to bring a lawyer to a police interrogation?
A police interrogation is intense and the police will make an effort to get a statement from you. The police use techniques and interrogation methods, so you may experience (high) pressure. A lawyer ensures that the interrogation proceeds according to the rules. This way, immediate action can be taken if too much pressure is exerted on you. The lawyer will also ensure that the police record your statement in the correct terms in the interrogation report. Practice shows that the police act more professionally in the presence of a lawyer. They intervene immediately if necessary. The lawyer can also indicate that the interrogation should be stopped, for example because you are exhausted or confused. A time-out may also be requested during the interrogation so that you can consult with your attorney. Particularly at times when you are confronted with (new) evidence as a suspect, consultation can be of great value. Suspects usually feel more at ease with an alert attorney by their side helping them through the interrogation.
Is there a chance that you will be detained at the police station if you report for questioning?
It happens that a suspect who reports to the police station before the hearing is already under arrest. A lawyer can find out in advance for you whether the police intend to do so. You will then know with what expectation you will report. It is also possible that you during interrogation be arrested, if the police feel that your statement warrants it. Therefore, always make sure that you are educated by an attorney before reporting.
How does the criminal case proceed after questioning?
After the police interrogation, you often do not hear anything for a long time. You do not know whether the investigation into you will be discontinued or whether you will have to appear in court. This uncertainty is annoying. We can find out for you free of charge. Please feel free to contact us for the possibilities.
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