You are Invited as a Suspect for Questioning by the Police. What Now?
When you are suspected of a criminal offense, the police will conduct an investigation. In many cases, the police will want to question you about it. This is called police interrogation. Not only after you have been arrested as a suspect, but also at the invitation of the police, you can be “heard” at the station. Every suspect has the right to speak to a lawyer before the first police interrogation. As a suspect, you also have the right to a lawyer during the police interrogation.
Can You Refuse the Invitation for a Police Interrogation?
You are not obliged to respond to the invitation for the police interrogation. So you may refuse the invitation. If you do not respond to the invitation, the police may arrest you as a suspect at a later time. You then run the risk of being detained. It may also be that the police invite you for questioning because there is insufficient evidence to arrest you. Through the interrogation, the police then want to gather additional evidence. Therefore, it is wise to always contact a criminal defense lawyer first, before accepting the invitation. It is important to make a good assessment based on the concrete facts and circumstances in your case.
How Does a Police Interrogation Proceed?
During a police interrogation, the police will ask you various targeted questions and request a statement from you. The interrogation usually takes place at the police station and can sometimes last several hours. Usually, the police have already gathered evidence beforehand. During the interrogation, you are often confronted with evidence and any inaccuracies in your statement. Meanwhile, the police officer types your statement into a so-called official report of interrogation. Body language and other notable facial expressions can also be included in this report. Everything you say and do, even outside the interrogation, can be used (against you).
Why is it Advisable to Consult a Lawyer Prior to Police Interrogation?
Never make a statement to the police before you have spoken to a lawyer. Even if you are innocent. Many people see an interrogation by the police as an impressive experience that brings the necessary pressure. Our criminal defense lawyer can draw up a plan of action with you prior to the interrogation and advise you on the use of your right to remain silent (see below). A lawyer prepares you for the police interrogation and explains your rights and the further course of your criminal case. When you make a statement without advice, you may suffer serious consequences. Please contact us without obligation to prevent that.
Should You Invoke your Right to Remain Silent During Police Interrogation?
You can never be obliged to answer the questions asked. In fact, it is a fundamental right to remain silent as a suspect in a criminal case (also called the right to remain silent). The police are obliged to inform you of that right at the beginning of the interrogation. Whether it is wise to remain silent during the police interrogation differs from case to case. Our lawyers advise you on what is wisest to do in your specific case. In certain cases, it may be very good to make a statement in the first interrogation. It’s important to know that once you have made a statement, you cannot simply withdraw it. So if you are invited by the police for a suspect interrogation, it is essential to seek expert advice on the use of your right to remain silent and your further procedural attitude. We would be happy to discuss the possibilities with you.
Why is it Advisable to Bring a Lawyer to a Police Interrogation?
A police interrogation is intense and the police will make efforts to get a statement from you. The police use techniques and interrogation methods that can make you experience (high) pressure. A lawyer ensures that the interrogation proceeds according to the rules. This way, immediate action can be taken when too much pressure is put on you. The lawyer also ensures that your statement is recorded by the police in the correct wording in the official report of interrogation. Practice shows that the police behave more professionally in the presence of a lawyer. They intervene immediately if necessary. The lawyer can also indicate that the interrogation must be stopped, for example because you are exhausted or confused. A time-out can also be requested during the interrogation so that you can consult with your lawyer. Especially at moments when you as a suspect are confronted with (new) evidence, consultation can be of great value. Suspects generally feel more at ease with an alert lawyer by their side who helps them through the interrogation.
Is there a Chance You Will be Arrested at the Police Station if You Report for Questioning?
It does happen that a suspect who reports to the police station is arrested before the interrogation. A lawyer can find out in advance if the police are planning to do that. You then know what to expect when you report. It is also possible that you are arrested during the interrogation, if the police feel that your statement gives reason to do so. Therefore, always make sure that you are informed by a lawyer before you report.
How Does the Criminal Case Proceed after Interrogation?
After the police interrogation, you often hear nothing for a long time. You don’t know if the investigation into you will be stopped or if you have to appear before a judge. That uncertainty is unpleasant. We can find this out for you free of charge. Please contact us without obligation for the possibilities.
