When police are investigating crimes, in many cases where they don’t yet have probable cause to make an arrest a detective or sheriff will visit a person of interest and invite him or her to come down to the local police department for an interview. When that person of interest is in the interview (or interrogation) room, the detective or investigating officer will tell the criminal law interrogation interview miranda interviewee he or she is free to go at any time. In many instances this is a trap in which the detective or investigating officer is trying to get the person of interest to say something incriminating. The following is what they’re really up to:

  • If you haven’t been placed under arrest the detective will tell that you’re free to go so they do not have to Mirandize you. You have to be under arrest for your Miranda warnings to apply. By telling you that you are free to go, the detective can ask whatever he or she wants without telling you about your right to remain silent, or right to end questioning, or right to have an attorney present.
  • The “we only want to get your side of the story” approach is intended to subdue your anxiety. The detective wants you to think that he or she is going to help you. But in most cases, the reality is that before you arrived for your “interview” the detective has likely decided whether he or she thinks you’ve broken the law. The detective’s strategy is to take parts of what you tell him or her in the interview and marry that information with the theory of how the detective thinks the crime being investigated was committed. Police and detectives are suspicious by nature, and will likely assume you are lying if the statements you make in the “interview” don’t fit their theory.

The only person who can help you and advocate on your behalf is an attorney. If you have been contacted by police to come in for questioning regarding a crime that is being investigated, you should immediately seek the services of an experienced, competent criminal defense attorney who will inform you of your rights and what you do and don’t have to say or do. The best case scenario is to always have a lawyer with you if you find yourself being asked to come down to a police department or sheriff’s office and answer questions. Contact the Law Office of Donna Wagner today to schedule a free consultation.