Criminal Defense Attorney in Colorado Springs, Colorado

Do I have to answer police questions without a lawyer?

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You do not have to answer police
questions without a lawyer. The problem
is is police in any state have the
ability to lie to you. And it’s I say
this I’m not trying to be disrespectful,
but this is part of their practice.
They’re allowed to lie to you to get you
to answer questions. All the police are
looking for is to see if there’s
evidence of a crime. And the way that
they figure out if there’s evidence of a
crime is by getting you to talk. So if
they ask you questions, they can keep
asking over and over trying to get you
to in some way incriminate yourself. The
only questions you have to answer from
law enforcement are you have to give
them your legal name. You have to give
them your date of birth, but nothing
else. If they’re asking you any other
questions, you just say, “I prefer to
remain silent. I’m exercising my right
to remain silent.” You do not have to
answer any other questions. Now, they
may try to pressure you. They may try to
force you and say, “Well, it’s really
going to help your case if you answer
this.” First of all, that’s a lie. It
never helps your case to answer anything
more than your name because they don’t
need any other information. The only
reason they say it’s going to help your
case is because they’re trying to get
you to give them more information that
could potentially incriminate you. So,
no, you do not need to answer any
questions other than identifying
information. That is legally required,
but nothing more.

Colorado Springs, CO criminal defense attorney Alexis Austin Litle talks about answering police questions without a lawyer. She states that individuals are not required to answer questions from law enforcement without a lawyer present. Police officers in any state are legally permitted to use deception as a tactic to elicit statements, and their primary goal is to determine whether there is evidence of a crime. Repeated questioning may be used to try to obtain self-incriminating information.

The only information an individual is legally obligated to provide is their full legal name and date of birth. For all other questions, she advises clearly stating, “I prefer to remain silent. I am exercising my right to remain silent.” No additional information is required or recommended.

She notes that law enforcement may attempt to pressure or persuade individuals by suggesting that answering questions will “help their case,” but this is a common tactic intended to obtain further information that could be used against them. Beyond basic identifying details, providing additional statements can only create legal risk.

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