The short answer is no. You are not required to talk to the police at any point in time, even if you are charged with a crime. You are, however, required to provide officers with your name if asked, but beyond that, you do not have to answer questions. This blog covers a basic overview of police encounters and your rights during the same.
The Fifth Amendment of the United States Constitution provides you with two powerful weapons ... Read More
27
Sep2019
18
Oct2018
“You have the right to an attorney” is a common phrase most everyone has heard. But what is the significance of this phrase? And how far does this right extend? An individual, in criminal proceedings, always has the right to an attorney. This right is protected by the Sixth Amendment of the United States Constitution. The importance of this right is that it ensures the defendant is not subject to unfair coercion on the part of the state or government. As such, police officers are required ... Read More
19
Dec2017
In Indiana, there are thousands of DCS’ investigations each year. Many result in filing a petition to open a CHINS’ action against the parents. In the initial investigation from the DCS to and through the hearing, if a CHINS petition is filed, parents have the constitutional right to counsel. The question this blog post focuses on is, “Should parents have private counsel?”
The answer is “probably.” There are four key reasons parents should seriously consider counsel. First, a CHINS’ proceeding ... Read More
04
Jan2017
"Do I need an Attorney if I'm am contacted by CPS about my child in Indiana?"
Each year Indiana Child Protective Services receives and investigates thousands of calls about suspected child abuse or neglect from a host of individuals ranging from doctors to teachers to counselors. Their job is to investigate and, if necessary, file a request for a Child in Need of Services case to be prosecuted. Many parents wonder when and if they should ... Read More
04
Feb2016
Our society is one of the greatest in history because of our fair and impartial legal system. To ensure the proper balance between the citizenry and police officers, those suspected of crimes are not required to give incriminating statements and have the right to counsel.
At the time a person is stopped by the police or arrested he or she should exercise these rights: remain silent and ask for an attorney. This does not mean to be rude ... Read More
03
Jun2015
In our system of law, those who are suspected of a crime may be requested to make a police statement or be charged. Police, prosecutors, lawyers, and judges have difficult jobs. Each has a different focus and the legal system works best when those who are suspected of a crime exercise their constitutional rights. This blog explores your key constitutional rights under the United States Constitution:
The right to be free of illegal searches and seizures (4th Amendment): As a general rule, the police cannot search one’s home without ... Read More