Being approached or contacted by the police about an investigation can be an unsettling and stressful experience. For Arizona residents, understanding your rights—and how to properly assert them—is the first and most critical step in protecting yourself. This guide provides authoritative, knowledgeable, and reassuring advice on how to navigate this difficult situation.
Your Most Important Right: The Fifth Amendment
The most fundamental piece of advice is this: You do not have to talk to the police.
The Fifth Amendment to the U.S. Constitution guarantees every person the right against self-incrimination. This means you have the right to remain silent.
If you are detained or arrested, the police must read you your Miranda rights, which specifically inform you of your right to remain silent and your right to an attorney.
If you are simply questioned (e.g., in a "voluntary" interview at your home or the station), the police do not have to read your Miranda rights. However, your right to remain silent still applies.
Why stay silent? Any statement you make can and will be used against you. Even an attempt to clear your name, if phrased improperly or misinterpreted, could inadvertently provide the police with information they can use to build a case against you. Politely but firmly assert your right.
How to Assert Your Rights
You must clearly and unambiguously tell the police that you are exercising your rights. Do not just stop talking; you must say it.
Assert Your Right to Silence: State, "I am invoking my right to remain silent."
Assert Your Right to Counsel: State, "I want to speak with my lawyer."
Once you clearly invoke your right to counsel, the police must stop questioning you immediately. They cannot try to persuade you, question you further, or ask you about anything else unless your attorney is present.
What About Consensual Encounters?
Not all police interactions are investigations. A police officer might approach you on the street for a casual conversation. This is a "consensual encounter."
You are free to leave. You are not detained, and you are not required to answer any questions.
The moment you feel you are not free to leave, you should assert your rights as described above. If an officer asks to search your person, vehicle, or home, you have the right to refuse consent. Never consent to a search.
Being Prepared: The Power of Legal Counsel
The police are trained investigators. Their job is to gather evidence to prove you committed a crime. Your job is to protect your rights and future. Trying to handle a police investigation on your own is a massive risk.
If you are contacted by police in Arizona—whether they are simply asking questions or have identified you as a suspect—the best course of action is to immediately secure legal representation. A knowledgeable defense attorney can:
Intervene on your behalf.
Communicate with law enforcement.
Determine the scope of the investigation.
Protect you from self-incrimination.
Don't Face the Police Alone
The time to call an attorney is before you say anything to law enforcement. If you are an Arizona resident facing a criminal investigation, let our team at The Zickerman Law Office, PLLC protect your rights and future. Do not wait for an arrest; secure professional legal counsel today. You can contact us for confidential assistance at (928) 323-0910.