What is Police Questioning?

When the police want to question or interrogate you, it is important that you know your legal rights. Police questioning or interrogations are investigatory techniques that police officers and detectives often utilize to obtain evidence and gain some level of certainty in a criminal matter. There are two main types of police questioning: interviews and interrogations. Typically, a police interview is more informal and is primarily for gathering information, but a police interrogation is usually in pursuit of a confession from a suspect.

It is also worth remembering that police officers and detectives do not always consider a suspect’s civil rights during interrogations. As the suspect in an assault case, you must protect yourself from police infringing upon your rights and endangering your legal case.

If you are ever detained and questioned by law enforcement authorities in an assault case, you may feel overwhelmed, potentially sensing that you are cornered and have no one to turn to. This is not so. You are protected by several legal rights, including your right to retain professional legal representation from a criminal defense attorney. If you’ve been accused of assault charges in Philadelphia, please contact our law firm to discuss your case in more detail in a free consultation.

Do You Have to Talk to the Police?

You have the right to remain silent in the face of police questioning and interrogations. Police officers and detectives may try to lull you into a false sense of security or maybe even act sympathetic to your plight and try to be your friend, but they are only looking to solve their case and charge a suspect. It is important to remember that they are not on your side. It is also worth remembering that just because you’re not a suspect now doesn’t mean you won’t be later. Be careful what you say to the police. And if in doubt, don’t say anything at all.

Even after the police have arrested you, you can still refuse to talk to them, with the exception of providing basic information like your name. Once you have a criminal defense lawyer by your side, they can help advise you about whether it would be in your best interest to answer certain questions or remain silent throughout all questioning.

How Long Can the Police Detain Someone for Questioning in Pennsylvania?

Police interrogations can last for several hours, especially if you choose not to invoke your right to remain silent or if your lawyers believe it may be in your interest to provide as much detail as possible to the investigating officers. However, when you express your right to remain silent, or your attorneys advise you not to answer questions, detainment can usually last only a few hours. Detainment will inevitably last longer if they place you under arrest.

Only in extenuating circumstances, such as instances where public safety is under threat, can you be held without charges being made against you for longer. If law enforcement is holding you without charging you, you must seek professional legal representation from an experienced Philadelphia criminal defense attorney. Contact our law firm to discuss your rights and your assault case today.

What Are Your Miranda Rights?

Prior to any questioning where the police believe they may elicit information that could be used to charge you with a crime, the officer or detective is supposed to read your Miranda warnings. It is considered unlawful for law enforcement to begin an interrogation without first giving the detainee their Miranda warnings. The warning typically begins with, “You have the right to remain silent.”

Your Miranda rights give you the right not to self-incriminate and the right to refuse to speak to police in questioning. Your Miranda warnings also explain that anything you say in an interrogation or questioning can and will be used against you in a court of law. Miranda rights also deal with your right to obtain professional legal counsel from an attorney. If you cannot afford an attorney, the courts will appoint a public defender for you.

If the police fail to provide a Miranda warning prior to asking questions or beginning an interrogation, any answers or evidence gained from that questioning cannot be used in a criminal trial. Note: Just because the police fail to read your Miranda warnings does not mean you get the charges dismissed. The remedy in those situations is you can get your statements suppressed as evidence (i.e. it cannot be used against you at trial).

Can the Police Interrogate You Without Your Attorney Present?

The police can question you without your lawyer present. However, once you invoke your Fifth and Sixth Amendment rights, they must cease all questioning. These civil rights allow you to ask for criminal lawyers to represent your interests when you are being arrested, investigated, questioned, or tried for assault charges.

If you are not under police custody, they may attempt to persist in asking you questions because they are allowed to. In such instances, attempt to remain polite while explaining that you will not answer questions and want your lawyer present.

What Are the Potential Penalties for Assault Charges in Philadelphia, PA?

There are several legal and personal consequences for a criminal conviction on assault charges in Philadelphia, Pennsylvania.

In Philadelphia, simple assault is considered a misdemeanor. Penalties may include the following:

  • First-degree misdemeanors come with a potential of five years of confinement and up to $10,000 in fines
  • Second-degree misdemeanors can have up to two years of imprisonment and up to $5000 in fines
  • Third-degree misdemeanors to carry up to a year of confinement and up to $2000 in fines

Aggravated assault, which is a much more serious criminal offense, is graded as a felony in Philadelphia. Penalties for aggravated assaults may include the following:

  • First-degree felonies carry up to 20 years of imprisonment
  • Second-degree felonies carry up to 10 years of imprisonment

Schedule a Free Case Evaluation with Experienced Philadelphia Criminal Defense Lawyers Today

If you are under suspicion for an assault case in Philadelphia, PA, you are strongly encouraged to retain professional legal counsel from an experienced criminal defense lawyer. Our legal team has extensive experience representing clients charged with several different types of criminal matters, including assault cases. We would represent your interests from the beginning of the investigation, through interrogation, and, if necessary, in a criminal trial. To learn more about our legal services, please contact our law firm to schedule your free case review today.

You can contact us at (215) 826-3314.