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Why Having a Defence Attorney Present During Questioning is Always a Good Idea

Posted on December 21, 2021December 9, 2022 By Abdullah Hermann

Hollywood movies have created a frightening image of police interrogations in people’s minds, whereby a cop hounds a suspect for information.

The person being interrogated is probably crying their eyes out and goes on to say something out of line. This gives the police the upper hand as they have the information to file a chargesheet.

While these descriptions are seldom accurate, there is some truth that the police might try tough techniques to get you to confess. So, contact a criminal defence lawyer in Mississauga if you ever find yourself in a police interrogation room.

Defence Attorney

Why Having A Defence Attorney Present During Questioning Is Always A Good Idea

1. Right To Remain Silent

“Anything you say can and will be used against you in a court of law” – Miranda rights.

You should know this line by heart and refrain from saying anything during an investigation that can be used as evidence in court. If the police interrogate you, they see you as a witness or a suspect. 

So, call a defence attorney, who will invariably tell you about the right to remain silent as per the Fifth Amendment.

2. The Police Can Lie

To get you to confess or say something that you might regret, the police can lie. But you can’t give them a taste of their own medicine because you’re liable to be arrested. 

A criminal lawyer can save you from a similar messy situation and explain how the police might be lying about the witness they claim saw you committing the crime.

3. There Is No Question Of A Deal

Don’t try to strike a deal with the police because they don’t have the authority or jurisdiction to “make a deal” regarding a case’s final judgment. The police are only responsible for investigating and making arrests when needed.

Leave the details of the case to a qualified defence lawyer who can speak directly to the District Attorney to get a favourable outcome.

4. Right To An Attorney

Always remember that if you need to speak to the police, you have the right to consult an attorney first as per Miranda rights. This is part of the Sixth Amendment, which mentions that an accused can seek the “assistance of counsel for his defence.”

Some people fear calling an attorney because they feel it makes them appear guilty. But that’s not the case because having an attorney helps you navigate the legal system without landing into further trouble.

Conclusion

Here’s a little tip – until they investigate you further, even the police don’t know whether you’re a suspect, witness, or criminal.

Hence, don’t give them any information that can be twisted to frame you. Remember the Miranda rights and keep a cool head because the police might try to instigate you.

Don’t be impulsive and lash out at the investigating officer in such a scenario; call a criminal attorney immediately and wait for them to arrive before planning your next move!

Legal Tags:Criminal Defence Lawyer, Defence Attorney, Defence Attorney During Questioning

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