Receiving a call from a police officer or detective requesting that you come in for an interview can be very stressful. Regardless of how the officer describes the purpose of the interview, such as “just a few questions” or “investigating an incident,” it is important to understand your rights before agreeing to participate.
Many people incorrectly assume that if they have done nothing wrong, they should answer every question truthfully. Although cooperating with police may seem like the right course of action, investigators are gathering evidence as part of their investigation, and anything you say could later be used against you in court.
If Peel Regional Police, or any other police service, wants to interview you, consider the following steps.
Remain Calm
The first step when dealing with police is to remain calm.
It is possible for police to contact you without ultimately laying criminal charges. Investigators may simply be gathering information. In other situations, they may already consider you a suspect.
You should avoid making assumptions about why the police want to speak with you. Your priority should be protecting your legal rights.
Determine Why the Police Want to Speak With You
When a police officer contacts you and requests an interview, you can politely ask:
- What is this regarding?
- Am I being investigated?
- Am I required to attend?
- Am I under arrest?
Depending on the officer’s response, they may answer some of your questions and decline to answer others.
Regardless of their response, you should avoid discussing the incident over the telephone.
You Do Not Have to Explain Yourself
Perhaps the biggest mistake people make is attempting to justify themselves to the police.
Many individuals believe they can explain their way out of an investigation. Unfortunately, statements intended to demonstrate innocence can create inconsistencies or provide investigators with additional evidence.
If police begin asking questions about an alleged offence, you are generally under no obligation to explain what happened.
Do Not Give False Information
Although you have the right to remain silent, you should never provide false information.
Providing false information can damage your credibility if charges are eventually laid. In some situations, giving false information may lead to additional legal consequences.
If you do not wish to answer questions, politely inform the officer that you would like to consult a lawyer first.
Consult a Lawyer Before an Interview
This is probably the single most important decision you can make.
An experienced criminal defence lawyer can help you understand your rights, evaluate your situation, and advise you on whether participating in an interview is in your best interests. Every investigation is unique, so the advice that applies in one case may not be appropriate in another.
Meeting with a lawyer before speaking with investigators allows you to make informed decisions based on the specific facts of your case.
If You Are Arrested
Ask to Speak With a Lawyer as Soon as Possible. If you are arrested by police, you have the right to be informed of your right to retain and instruct counsel without delay. Take advantage of this right.
Before answering any questions related to the allegations, ask to speak privately with a lawyer or duty counsel.
Your conversations with your lawyer are protected by solicitor-client privilege.
Be Careful About Voluntarily Attending the Police Station
Investigators sometimes ask people to attend the police station voluntarily.
Many people assume that voluntarily attending an interview simply means they are helping with an investigation. In reality, investigators may already believe they have sufficient grounds to lay charges.
Before agreeing to attend an interview, consult with a lawyer.
Limit Discussions About the Investigation
After police request an interview, avoid discussing the matter with friends, co-workers, family members, or on social media.
Text messages, emails, private messages, and social media posts may all become evidence. If you require legal advice, discuss your case only with your lawyer.
Preserve Evidence
If you have documents, photographs, videos, text messages, emails, or any other communications that may support your defence, preserve them in a safe place.
Do not delete communications or alter evidence. Your lawyer can review these materials and determine whether they may assist your case.
Every Investigation Is Unique
Every police investigation is different. The nature of the allegations, the available evidence, and the surrounding circumstances can all affect how a case unfolds.
Conversations that seem casual can have significant legal consequences. Decisions made before charges are laid may affect the outcome of a case for weeks, months, or even years.
Seeking legal advice early gives you the opportunity to understand your rights and make informed decisions before speaking with investigators.
Contact Gurasish for Experienced Criminal Defence Advice
If Peel Regional Police or another police service has contacted you and wants to question you, do not assume you have to face the situation alone.
Speaking with a criminal defence lawyer before answering questions can help protect your rights and prevent costly mistakes.
Contact Gurasish at GPS Criminal Law today for a free, in-depth consultation. He will listen to your situation, explain your legal rights, answer your questions, and help you understand the best course of action before you speak with police.