Interrogation or being questioned is an interview process that is commonly used to find out information in criminal
cases. Usually interrogation is used by the Military, Police and other Intelligence agencies to get a confession from a suspect. However, there are times when interrogation is used to gain insight of both sides of a situation even though the most common is criminal interrogation. There are times when a person is being questioned, the rights of the law may not be clear. Similarly, the person that acts as the interrogator may not know how far to question without pushing the law. It is always good to be aware of your rights as a citizen and know what is allowed and what is not allowed during a criminal interrogation. When in doubt ask the Experts.
What is the difference between a non-custodial and custodial interrogation?
A non-custodial interrogation is when an individual voluntary goes to the station and participates in the interrogation. The individual can leave any time he/she wants. A custodial interrogation is when f the individual is being restrained by the police and being read his/her rights and not allowed to leave of his/her own free will.
During a criminal interrogation, if an individual asks for a lawyer to be present but is denied the request, is this legal?
During a criminal interrogation if an individual asks for an attorney to be present, the interrogation should be stopped immediately. If the police continue the interrogation without the individual’s attorney present, the defendant’s attorney can petition the court to suppress any evidence that may arise during the interrogation due to the individual being denied counsel. Any information that the individual shares during the interrogation will also be inadmissible in court because of being denied the presence of an attorney.
In Iowa can the police interrogate a minor without a guardian present and does the reading of the Miranda Rights apply to minors as well?
The Supreme Court has passed a ruling that the police do not have to inform a minor of their rights to have their parents or a guardian present. Reading of the Miranda Rights applies to minors as well and the minor should be read his/her Miranda Rights prior to the interrogation.
I am from Pennsylvania and wanted to know difference between police pressure and police coercion during a criminal interrogation? What is the difference between police pressure and coercion during a criminal interrogation in Pennsylvania?
In Pennsylvania during a criminal interrogation the police can pressurize a suspect into confessing his/her crime by claiming to have evidence of the suspect’s guilt like fingerprints, DNA, eyewitnesses, etc. The police might or might not have the evidence but can use these kinds of pressure tactics to get the suspect to confess. The police may even tell the suspect that it will be beneficial to him/her to confess their guilt.
The police are not allowed to use any forms of coercion to get a suspect to confess his/her crime. Threatening the suspect with physical violence, torture, arrest of a family member, deprivation of the suspect’s basic needs or the use of any other types of coercion that reduces the suspect’s ability to think clearly are not allowed during a criminal interrogation.
In Virginia, can a police officer lie to a suspect during a criminal interrogation?
In Virginia, investigating agencies will and can do whatever they deem necessary to uncover the truth. The police now use more advanced and psychological techniques to interrogate suspects to ensure that whatever information they gather from the suspect will be accurate and correct.
Criminal investigations often involve the police to conduct interrogations. Any time the police is asking criminal interrogation questions regardless of guilt, a person may feel intimidated and may have questions regarding, what and when to answer, whom they can have present during the interrogation and what their rights are as a citizen. When questions arise, there are times when a person may not know where to go to find answers. If you need help on how to answer criminal interrogation questions or to clarify what their citizen rights are, it’s always good to speak to an Expert.