DID YOU KNOW?
It is always a good idea to call a lawyer before talking to the police!
Very often criminal charges do not come from an arrest or a confrontation. The police frequently contact suspects by telephone or letter. The police do not have to tell an individual that they are a suspect before questioning them even if they area suspect. It is allowable to contact individuals as part of an investigation without disclosing that they are suspects. Typically, these subjects do not have an attorney and are unaware of their right to remain silent. At this time, an individual would be within their rights to refuse to answer questions and to insist on access to a lawyer. The police are educated in criminal law and procedure. They would know that all questioning must stop.
This approach is often characterized by the police as "courtesy" but in reality this approach is deceptive because it falsely provides the subject with a sense of trust and comfort leading them to talk to the police when they have no obligation do do so. The real aim of this tactic is to deprive an individual of rights so that they incriminate themselves with admissible evidence at trial.
DID YOU KNOW?
Miranda rights apply only when an individual is in police custody and being subject to question!
You are probably familiar with standard police practice of reading rights to an individual, telling them about their right to remain silent. This stems from a 1966 United States Supreme Court case entitled People of Arizona v Miranda. This right applies only when an individual is in police custody and being subject to question. An individual can be questioned by police when they are free to leave without being advised of their Miranda rights. This is a common police interrogation tactic. The police will often call a suspect and ask them to come in voluntarily. The police will comfort the suspect by telling them that they are not under arrest and that they are free to leave at any time. The police often say that the subject will not be arrested no matter what they tell the police at the interview. The police will say the your cooperation will help them clear your name.
DID YOU KNOW?
Police questioning is often a trap!
In the above scenario, the police have just set the stage for complete admissibility of all statements because they were not made while under arrest. The police seldom videotape these statements for review by the court. As such, it is your word versus the police on the content of your statement. This is far more common than you might think. It would have been advisable to call a lawyer immediately upon the first contact with police. Dart Drouillard would have faxed and mailed letter to the investigating officer prohibiting all questions. A written record would exist that you had invoked your rights to an attorney and to remain silent. This would eliminate any police testimony that you had either failed to assert these rights or voluntarily waived them.