Our society is one of the greatest in history because of our fair and impartial legal system. To ensure the proper balance between the citizenry and police officers, those suspected of crimes are not required to give incriminating statements and have the right to counsel.
At the time a person is stopped by the police or arrested he or she should exercise these rights: remain silent and ask for an attorney. This does not mean to be rude or insolent, but is the way individual and police powers and freedoms are balanced in our society.
There are certain common sense limits, however, which is a person cannot refuse to abide by. The first is to identify one’s person. Second, while a person does not have to cooperate with the police and give information, there is no significant right to resist unlawful search and seizure by the police, although this may form the basis for a civil rights action.
Finally, in a high stress situation, brain chemistry alters and a person may not be able to accurately answer a question asked of them. For this reason, most criminal defense attorneys will advise to remain silent and obtain attorney if you are suspect of a crime. Typically, if the police have enough information, they do not have to ask questions, but just have to make the arrest.
This blog post is written by attorneys at Dixon & Moseley, P.C. This is for general informational purposes and is not a solicitation for services and should be treated as an advertisement. Dixon & Moseley, P.C. attorneys practice criminal defense through the State of Indiana.