Not all arrests made by the police are done at the scene of an alleged crime or are the result of the police carrying out an arrest warrant. There are many occasions when the police will arrest someone at the police station after requesting that the person attend the station.
The Phone Call from the Police
In many circumstances the police will contact a person and simply request that they attend the police station regarding a matter that the police are investigation. When the police call you and requested that you attend the station, do not expect the police to tell you any of the following;
- What alleged crime they are investigating.
- Whether you are a suspect of their investigation.
- Whether you can bring a lawyer with you.
- That you are not legally required to attend the police station.
- Whether you will be placed under arrest upon attending the police station.
There may be a number of different reasons why the police want to talk to you and the police will not necessarily arrest all individuals that they request attend the police station. There are circumstances where the police would like to obtain a witness statement or they simply want to know what knowledge you have about an alleged incident. However, there are a number of individuals who are quite surprised when they arrive at the police station and are immediately advised that they are under arrest.
I got the Call from the Police, What Now?
If the police contact you and request that you attend the police station, you should immediately speak with a criminal defence lawyer. It is not to your benefit to get into a discussion with the police officer about what he or she would like to talk to you about, whether you are the suspect of an investigation, or whether the police intend on arresting you. Remember, any statement you make to the police officer may later be used against you, including anything you discuss with the officer prior to attending the police station.
When the police contact you and request that you attend the station, you should consider advising the police that you wish to speak with a lawyer and have a lawyer arrange for you to attend the police station. Allow a lawyer to ask the police officer why the officer has requested you attend the police station, whether the officer intends on arresting you, and whether the officer would permit the lawyer to be present during an interview. Read about exercising your right to speak with a lawyer.
What I can do for You?
Police officers will often not tell a lawyer what the matter is about, however an officer may be willing to provide a lawyer with a few details he or she would not otherwise tell the individual that they wish to speak with. Specifically, when I contact a police officer I want to know whether it is anticipated you will be placed under arrest, and if you are going to be arrested whether you are going to be released on your own recognizance or whether you will be held for a bail hearing. In many circumstances a police officer will grant a lawyer the professional courtesy of advising whether they intend on arresting you and whether you will be held for a bail hearing. This police will usually inform a lawyer of this information on the basis that the lawyer will make arrangements for you to surrender yourself in a timely manner.
If you are going to be arrested and held for a bail hearing, I will try to arrange that you surrender yourself very early in the morning. I try to arrange your arrest this way so that you can be processed and appear in court that same day for a bail hearing. I will also make arrangements so that an appropriate Surety attends court and you can have a bail hearing as soon as possible. As a lawyer it is important for me that you do not spend any longer period of time in jail than is absolutely necessary.
Prior to attending the police station I will want to speak with you about what rights you have. I will advise you that you have an absolute right not make any statement and I will advise you that you should seriously consider exercising your right to not make a statement. In most circumstances it would be in your best interests to only provide the police with your name, age, date of birth and address. In very limited circumstances it may be advisable to speak with a police officer, for example where you were in possession of documentation that clearly demonstrated why you should not be the subject of a criminal investigation.
If the police have contacted you and would like to speak with you, contact me immediately.