Do I have to talk to the police if I am a subject of a criminal investigation?

The easy answer is no.  However, if you are a victim of a crime or a witness to a crime, you should feel comfortable in talking to the police.  The problem comes in when you are a subject of an investigation… most people believe the police are required to read you your rights (Miranda Warning).  However, unless you are in custodial interrogation, the police do not have to read you your rights.  They can simply ask you questions.  If you answer those questions and you are a subject of a criminal investigation, they will use your own statements against you.  In limited circumstances you have to communicate with the police.  In a traffic stop for example, if you are pulled over for a traffic violation, you must give you driver’s license for identification along with your proof of insurance and registration.  If you are arrested for driving under the influence, you are going to be asked to take a breath test at the station.  If you do not answer that will be taken as a refusal to take the test.  If you refuse, you may be charged with an additional crime.  Talk to a lawyer.  I am Myles Schneider, attorney at law, 602-926-7373.



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