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Stephen Leffler - Criminal Lawyer in Memphis

Your Rights if You’re Detained in Tennessee

It could happen to you at any time. You’re driving down the road or walking through a shopping center and a police officer stops you to ask questions. There are laws in Tennessee designed to protect citizens against unwarranted detention, and also laws governing what Tennessee law enforcement is allowed to do. So, if you are stopped by the police or a law enforcement official, how should you respond?

First, remain calm and be cordial. Answer general questions and try to find out why you’re being questioned. Perhaps you were in a location near a crime scene, or someone identified you as a possible witness to a crime.

Answer any crime-related questions carefully. Police can question witnesses at crime scenes without reading them their rights. If, during that time, you implicate yourself, that information might be used against you in court.

If the officer continues to question you and you’re taken into custody (detained), police are required to follow certain procedures including informing you of your Miranda rights. Here’s an overview of how it works:

• When you’re officially taken into custody, but before you’re interrogated, an officer must inform you of your right to remain silent and have an attorney present during questioning. (If you are hearing impaired, the police should provide you with an interpreter.)
• You’re considered “in custody” if you’re in a place where you don’t think you are free to leave.
• Police can detain or arrest you without reading your Miranda rights, but any statements you make during that type of interrogation may be inadmissible in court.
• Remember, you have the right to an attorney. You should always have an attorney present during an interrogation. A criminal defense attorney specializes in counseling you during situations of this kind.
• The police don’t have a role in determining how the legal system treats you after you’re arrested. Criminal charges and sentencing are the responsibility of prosecutors and judges.

It’s important that you understand your rights when being questioned by an officer of the law. At any time, you can tell the officer that you’d prefer not to answer a question and you can request an attorney. In situations like this, you should seek the counsel of a criminal defense lawyer who has assisted clients in protecting their constitutional and civil rights.

This information is provided by the criminal lawyers in Memphis

Stephen Leffler - criminal law firms in memphis, 901.527.8830, 707 Adams Ave., Memphis, TN 38105,