When the police subject you to custodial interrogation, meaning that you’ve been detained for purposes of being asked questions about a crime, the police are required to advise you of your rights. These Miranda rights include the right to remain silent and the right to have an attorney present during questioning. But once these rights are read and an individual invokes their rights, law enforcement’s investigation sometimes comes to a screeching halt. That’s why they often look for ways to question a suspect without conducting a custodial interrogation, thus alleviating them of the requirement to advise the individual of their rights.
Can the police question you without reading you your rights?
Yes. Remember, the police only have to advise you of your rights if you’re in custody. So, if you haven’t been arrested, or you haven’t otherwise been detained, then the police are free to ask you questions without informing you of your rights.
Therefore, the police might try to do the following to get you talking without cluing you in that you can have an attorney present:
- Make it seem like they’re looking out for you and trying to protect you from misperceptions about your participation in the crime in question.
- Allude to something bad that might happen to your friends or family members if you don’t share information with law enforcement.
- Threaten that things will go badly for you if you don’t cooperate.
- Lie to you about the facts of the case to try to get you to explain away suspicions.
- Indicate that someone else has implicated you in the crime.
Don’t fall for the police’s investigation tactics
There are several ways in which the police will try to get you to provide them with incriminating evidence. Don’t fall for their slick tactics. Instead, recognize that you can always seek out legal guidance before interacting with the police, and don’t volunteer information that could put you in a difficult position. By being aware of the proper way to navigate an investigation and any resulting criminal defense, you may be able to maximize your chances of beating the prosecution’s case.