Legal Guide

Should you Talk to the Police without a Lawyer Present?

by Bhavya Choudhary · 3 min read

talk to the police

Suppose you or your loved one is arrested for any crime alleged to be committed by them. The Police ask certain questions to which you give answers, and later on, you are charged for the answer given. It becomes very important to have an experienced lawyer by your side before talking to the Police. Often people think that talking to the Police is better and will help you get out of any situation, but this is far from the truth. The police officer has to investigate the case and find out the truth. It is always better to have a lawyer while dealing or talking to the police officer. The lawyer makes you aware of your rights, and therefore, it is important to talk to the lawyer. There are certain rights given to the accused when he is arrested. It is only the lawyer who can help a person out of such a situation.

Your Rights When talking with the Police

Talking to the police officer in the absence of a lawyer is very dangerous as the Police can use the information you tell against you. Even if you are telling the truth and you are innocent, your words can be used otherwise. Your answers may lead to a situation where you can be believed to have committed the crime.

An arrested person has certain rights under the constitution that are provided to the accused before trial and while talking to the Police. They are:

  1. Right to know about charges and accusation 

The accused has the right to know for what offense he is being arrested and what are the charges that are being laid against him. He has the right to know the details of the offense and charges filed against him. Therefore, a lawyer must be present while talking to the Police.

  1. Right against wrongful arrest 

The arrested person must be brought before the Magistrate within 24 hours of his arrest, excluding the time required to travel from the place he is arrested to the Magistrate. In case of unlawful arrest, the Magistrate releases him at the first instance. Therefore, a lawyer must be present while talking to the Police to make him aware of this right.

  1. Right against self-incrimination

The accused cannot be forced to be a witness against himself. He can choose to remain silent and not give any evidence against himself if he does not want to. No police officer can force him to do so. Therefore, a lawyer must be present while talking to the Police to give the accused the right information.

  1. Right to privacy of the accused and protection against unlawful searches 

The police officers cannot breach the privacy of a person on the mere suspicion that he has committed an offense. The Police must have a lawful search warrant to search the house of the suspected person. Therefore, a lawyer must be present while talking to the Police to prevent the accused from unlawful searches.

  1. Bail as a right of the accused 

The accused has the right to bail in case of a bailable offense. Whether an offense is bailable or not is for what a lawyer is needed. The right of the accused allows them to file a bail application to get a release from custody. Therefore, a lawyer must be present while talking to the Police to file a bail application and to help the accused out in the case.

  1. Right to legal aid 

The accused has the right to consult a lawyer of his choice even after arrest. The right allows the accused to hire a lawyer according to his choice whom he can afford. However, if the accused cannot afford a lawyer, the state must provide him free legal aid. Therefore, a lawyer must be present while talking to the Police to make them aware of the existing right.

  1. Right to a free and expeditious trial 

The accused has the right to have a free and expeditious trial without any prejudice being caused to him. Therefore, a lawyer must be present while talking to the Police.

  1. Right to humane treatment in prison 

The accused has the right to get the right treatment in prison. It is often seen that there arises a case of custodial violence. To get over the same, a lawyer must be present with the accused at the time of his arrest while talking to the Police.

The above rights are given to the accused while talking to the Police. The accused is often a common man who is unaware of his rights. Therefore, the accused must consult a lawyer. A lawyer must be present at the time when the accused is talking to the police officer.

Understanding Your Constitutional Right while talking to the Police Officers without a Lawyer

The accused has the constitutional right to remain silent if the Police ask him any question if it is self-incriminating in nature. It is not necessary for the accused to answer every question asked by the Police. Sometimes, the Police may take the words of the accused otherwise and make false charges against him. So, it becomes important to talk to the lawyer. While talking to the Police, the accused must speak wisely. Therefore, it becomes necessary to have a lawyer present while talking to the Police. 

Conclusion

There are various rights of the accused that he is unaware of. Therefore, it becomes important to have a lawyer present when talking to a police officer. Expert legal advice can protect a person from various problems that may arise in the future. 

Are you or your loved one arrested for an alleged crime by a Police?? Consult a Lawyer Now

Bhavya Choudhary

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Bhavya Choudhary

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