Understanding Your Rights and How a Private Attorney Can Protect You from Unwarranted Police Interrogation

If you're ever stopped by law enforcement, you might wonder if you have the right to refuse to answer their questions. And you may ask yourself, "Can a private attorney step in and stop the police from questioning me?"

The short answer is yes, but the situation is more nuanced than that. If you're ever in this situation, you need to understand both your constitutional rights and the role a private attorney can play in protecting those rights. As a criminal defense lawyer with years of experience handling cases in Florida, I know firsthand how crucial it is to exercise your rights — especially during police questioning.

I'll now explain the relevant Florida statutes, your right to remain silent, what you can do if the police start questioning you, and why you absolutely need a private attorney on your side.

Your Constitutional Rights and Florida Law

The Fifth Amendment of the United States Constitution protects you from self-incrimination, meaning you cannot be forced to provide answers that would incriminate you. This is where the phrase "I plead the Fifth" comes from. This is one of your fundamental rights, but it's important to know how it applies in the real world.

According to Florida Statutes § 901.19, which governs when an officer can arrest you, you have the right to remain silent before and during an arrest, as long as you are not being interrogated in a custodial setting. However, Florida Statutes § 901.151 outlines the laws regarding stop and frisk and gives police officers the authority to stop you if they suspect you are involved in criminal activity.

The relevant statutes that pertain to your right to refuse questioning during an encounter with law enforcement are:

  • Florida Statutes § 901.151 - Stop and Frisk Law: This statute grants officers the ability to briefly stop and question you if they have reasonable suspicion that you are involved in a crime. It also provides that the police can perform a limited frisk for weapons.
  • Florida Statutes § 943.03 - Right to Remain Silent: This statute upholds your Miranda rights when you are in custody. If the police intend to interrogate you, they must inform you of your right to remain silent and your right to an attorney.

Can an Attorney Stop the Police From Questioning You?

As much as you might wish for an attorney to be present every time law enforcement approaches you, the reality is a bit more complex. Here's how a private attorney fits into this scenario:

  1. Before Arrest: If you're stopped by the police for questioning, a private attorney cannot physically stop the police from questioning you. However, a private attorney can advise you on your rights — specifically, your right to remain silent. This means you can politely refuse to answer questions without fear of consequences.
  2. After Arrest: Once you're arrested, you are entitled to an attorney and can invoke your Miranda rights. This is the stage at which your private attorney can step in and stop further questioning. Miranda v. Arizona, 384 U.S. 436 (1966), established that after an arrest, police must advise you of your right to remain silent and your right to an attorney before they can continue questioning you. At this point, if you request an attorney, all questioning must cease until your attorney is present.

What Happens if You Choose to Remain Silent?

If you choose to invoke your right to remain silent, you are fully within your rights to do so under Florida Statutes § 943.03. Police cannot force you to speak. Here's what happens in practice:

  • If you remain silent and don't waive your right to remain silent, the police cannot continue questioning you unless they have an attorney present for you or you explicitly agree to continue talking.
  • If the police try to question you after you invoke your right to remain silent, any statements made can be challenged and potentially excluded from evidence in court. This is especially true if you ask for an attorney, and they continue to question you without your lawyer present.

That's why it's so important to have a private attorney involved at the earliest possible moment — even during the initial questioning. As soon as I step in, I can immediately protect you from improper questioning and ensure that your constitutional rights are upheld.

Real-Life Example: A Case I Handled

Let me share a real-world example of how a private attorney can protect you from unwarranted questioning. This case illustrates how I stepped in and stopped the police from continuing their questioning after a client invoked their right to remain silent.

Facts of the Case:

My client was stopped by police for a routine traffic violation. The officer asked my client to step out of the vehicle, and based on vague suspicions, began asking my client a series of questions. My client, aware of their right to remain silent, politely refused to answer questions and asked for an attorney.

The officer continued to ask questions, but I immediately contacted the police and informed them that my client had requested legal counsel. This stopped any further questioning, and the police had no evidence to continue the investigation.

As a result, the case was dismissed because the police violated my client's constitutional rights by not ceasing questioning after my client's request for legal representation.

This is exactly why hiring a private attorney matters. If my client had not requested an attorney and invoked their right to remain silent, the police could have continued their interrogation, which might have led to an arrest or even charges based on an improperly gathered confession.

Why You Need a Private Attorney

When you invoke your right to remain silent or request an attorney, the law is on your side. However, navigating this process alone can be risky. The police are trained to interrogate and can be very persuasive, especially if they don't have the proper legal grounds to continue questioning you.

A private attorney offers several critical advantages:

  • Immediate intervention: As soon as you contact a private attorney, we can step in and prevent unlawful questioning.
  • Protection of your rights: A private attorney ensures that any statements made by you are legally admissible and aren't coerced.
  • Expert representation: We understand the intricacies of Florida law, the Constitution, and Miranda rights. We can assess whether any evidence against you was obtained through improper questioning or a violation of your rights.
  • Peace of mind: Knowing that a skilled attorney is representing you gives you the confidence to protect your future and avoid self-incrimination.

If you've been approached by law enforcement or are under investigation, you need to protect your rights. Don't let the police continue questioning you without proper representation. Let us step in and ensure your rights are respected.

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.

FAQs – Can a Private Attorney Stop the Police From Questioning Me?

Can the police ask me questions without an attorney present?

Yes, they can ask questions. However, if you are not in custody or under arrest, you have the right to refuse to answer. If you are arrested, you have the right to remain silent and ask for an attorney.

Can the police arrest me if I refuse to answer their questions?

No, refusing to answer questions is not a crime. You can remain silent. The police must have probable cause to arrest you, not just because you refuse to answer questions.

How do I invoke my right to remain silent?

Simply say, "I invoke my right to remain silent" or "I would like to speak to an attorney." Once you do, the police are required to stop questioning you until an attorney is present.

What happens if the police question me after I ask for an attorney?

If the police continue questioning you after you request an attorney, they may be violating your Miranda rights, and any statements made after that could be inadmissible in court. A private attorney can fight to suppress any improper statements made during this time.

What are my rights if I'm not arrested, but the police want to question me?

If you are not under arrest, the police can ask questions, but you still have the right to refuse to answer. If you feel uncomfortable or unsure, it's best to say, "I would prefer not to answer without a lawyer present."

Can a lawyer stop me from being arrested?

A lawyer cannot directly prevent an arrest, but a private attorney can ensure that the police follow the proper legal procedures. If an arrest is unlawful, your attorney can file motions to have the case dismissed.

Is it a good idea to talk to the police without an attorney?

It's almost never a good idea. Even if you're innocent, police questioning can be a trap. Your words can be misinterpreted or misused against you. Always invoke your right to remain silent and request an attorney.

How soon should I hire a lawyer after being approached by the police?

As soon as possible. If you're being investigated or questioned, it's important to get legal counsel early to ensure your rights are protected before anything incriminating happens.

If you've been approached by law enforcement or are under investigation, you need to protect your rights. Don't let the police continue questioning you without proper representation. Let us step in and ensure your rights are respected.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.