San Diego Criminal Lawyers Blog
Seeing those lights flashing and hearing the sirens coming for you can be a distressing situation to be in for anyone. When the police pull you over or knock on your door, it is natural to feel scared, nervous, and unsure even if you have nothing to hide because you have not committed any crime. On the other hand, if you did do something unlawful, the level of your concern can be much more overwhelming.
It is important that if you are arrested or brought into the police station for questioning in San Diego that you have an attorney to protect your interests and safeguard your rights. It can be intimidating when the police are questioning you, no matter what your involvement is with a potential criminal situation. What you say can be used against you, which is why having the protection of a San Diego criminal defense lawyer is so incredibly important.
How Do the Police Get People to Give Them Information?
To be legally detained, law enforcement must have reasonable suspicion and probable cause for their actions. When the courts evaluate a case, they will determine if the officer’s decisions to act against you were valid. If the courts believe that the officer did not have the grounds to lawfully arrest you, you may be able to have your case thrown out.
Understanding your rights and knowing that an officer cannot just arrest anyone without sound reason can potentially help you better manage interaction with the police. If you are being aggressively questioned by the authorities, calmly and politely asking them if they have probable cause is acceptable. And if they say that they do, you can also ask them what their probable cause is.
To get incriminating information from people, there are four common tactics that the police tend to use. These include:
- They will tell you that they have overwhelming evidence against you that implicates you in a crime.
- They will attempt to get you to give them consent to search your property or home. If you give them permission, then what they find may be used as admissible evidence.
- If you refuse to talk and answer the police officer’s questions, they may try to say that if you do not have anything to hide, then you would speak. Under the law, you do not have to talk because you have the right to remain silent.
- They may try to make you think that they are your friend and that if you give them answers to their questions, that will help you.
Meet With a Criminal Defense Attorney Today
It is critical that your rights are defended when you encounter law enforcement. You should not be hostile to the police, but you have rights including not being subject to abusive questioning. You can stay silent and you can call your attorney to manage the situation.
David M. Boertje is a San Diego criminal defense attorney who can assist you and look out for your interests when law enforcement is involved. To schedule a free consultation with the Law Offices of David M. Boertje, please call (619) 229-1870 for the San Diego office or (760) 476-0901 for the Carlsbad location.