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When asked for questioning at the police station and if you would like a solicitor does this mean they have intendsions to arrest you?
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Can the FBI arrest someone for questioning?
They can't just arrest you for questioning. What they can do is to invite you in for question.
If the police take you to the station are you under arrest?
If they have not declared you 'under arrest', and read you your Miranda rights, then you are not under arrest, you are just in police custody. That would be a good time to consult your lawyer.Another View: (in the US) Whether you are told, "You are under arrest," or not, BELIEVE ME, if you are taken to the police station and are not free to decline the trip, you ARE under arrest.ALSO; You do NOT have to be read your Miranda Rights at the time of your arrest. You must only be advised of them PRIOR to the start of any questioning about the offense.
If a person reports willfully to a letter asking them to come to police station for questions is that considered arrest?
No. It could become arrest (or a custodial interrogation) if the person is not free to leave. Added: If 'probable cause' is developed during the questioning - at that point they should (by all rights) be given a Miranda warning and an arrest can be effected.
If the police ask you to go to the station for questioning do you have to go?
If it is just an officer asking and you are not under arrest at the time you may decline to be questioned although if you are hiding information that will help the case and it is determined that this is so, you can be charged with obstructing an officer.
What is the criteria for Custodial Interrogation?
In California is questioning by a police officer in your home and the restriction of movement by statements of "you may not smoke", "do not get up", "do not go outside", "you can not speak to them", custodial questioning or arrest?
Can police obtain my phone number and ring me without my consent about a complaint made against me and do i have to go in for an interview?
They can ring you but only to give you the information. they can not make you go to the station for an interview. if they do ask you ask them if you are under arrest if they say no then do not attend unless you wish to but take a solicitor with you (UK LAW)
Can the police arrest you if you go in for questioning Can they put out a warrant for you if you don't go in for questioning?
The police ask you in for questioning to find if you know anything about a crime. At this time you may or may not be a suspect, but, unless they have proof you were involved they cannot arrest you, but ask you to stay in the vicinity (town) for further questioning.Yes, if the case is serious enough they can put a warrant out and haul your butt in for questioning. A judge has to give a warrant.It is to the advantage of the person being asked to come into any police station to do so without causing problems. Cooperation is everything. If you have nothing to hide then you have nothing to fear.If you feel you will be implicated in the case in question then seek legal advice or be represented by a lawyer. Those are your rights (for now!)This article has some good tips about the cooperation vs. non-cooperation issue: http://www.lombardolawoffices.com/ask-a-mt-laurel-criminal-defense-attorney-do-you-have-to-go-in-if-the-police-ask-you-to-come-in-for-questioning/
Can police force you to come to the police station?
Only if you are under arrest.
During an arrest and prior to questioning defendants are usually advised of their Constitutional rights as enumerated in the Supreme Court decision of?
Miranda v. Arizona
At what point in the criminal justice process must the defendant learn of their Miranda right?
Any time after arrest (or in custody by an LEO) and before questioning.
Do police need to notify you in writing for questioning?
No they just need reasonable suspicion and to arrest youAdded: No, it doesn't have to be in writing. They can make a verbal request of you. They can place you under arrest (if they have probable cause to do so) or they can have the proosecutor issue you a subpoena.
Can Miranda be iniated after being held in custody?
Yes. Miranda need only be read prior to actual questioning, not at the incident of arrest. Contrary to what is shown on television, most people are not read Miranda rights at the time of arrest.
