There are many reasons that a police officer may ask you to go to the station. Whether or not you should comply depends on the circumstances and the reasoning behind their request. Some common scenarios in which you may be asked to go to the police station include:
- To give a detailed statement about an incident you witnessed or were involved in
- To answer specific questions about an ongoing investigation
- To identify someone suspected of committing a crime
- Because you are under arrest
If you are unsure about the reasons behind a police officer’s request to go to the station, contact a Santa Ana criminal defense attorney to ensure your rights are protected. At the Law Office of Sheny Gutierrez, we will help you make an informed decision about whether or not to comply with these types of requests.
Understanding Your Rights When Police Request Your Presence
While the reason behind the police asking you to visit the station is relevant when determining how to navigate the experience, there are also several concepts that may help you understand your rights regardless of why you’re at the police station.
Am I Required to Answer Questions at a Police Station?
If you go to the police station, you are not obligated to answer their questions. You have the right to remain silent if officers start questioning you. Even before you arrive at the station, if police stop you and try to ask you questions, you are not legally obligated to answer them. Keep in mind that there are exceptions, so consulting with an attorney is the best way to ensure you are acting within your rights and not violating the law.
Do I Have to Identify Myself to Police in California?
Some states mandate that anyone stopped by police must identify themselves, but California does not have this requirement. You are only required to provide your identification if you are being detained or arrested. One exception to this rule is when you are pulled over while driving. California law does require you to provide your driver’s license in this scenario.
How Do I Know If I’m Being Detained at a California Police Station?
If you agree to go to the police station at an officer’s request, it’s important to know whether or not you can leave whenever you choose. You can ask the officer if you are free to leave. If the answer is yes, then you are not being detained. If they say no, it’s often a good idea to talk to a lawyer before answering any of their questions.
Voluntary vs. Compulsory Police Station Visits: What’s the Difference?
Voluntary means you are not required to go to the police station, while a compulsory visit is legally required. A visit could stop being voluntary if the police inform you that you cannot leave. Any encounter with the police should be handled carefully, so if you believe the police suspect you of committing a crime or if you want advice on how to handle a visit to the police station, contact a criminal defense attorney.
You can refuse a request to go to the police station if it is voluntary. However, you are legally required to go to the police station in some situations, including:
- If you are being temporarily detained for questioning
- If there is probable cause you committed a crime, and you are being arrested
Saying no to the police is something many people feel uncomfortable with. If you’re scared to remain silent or request a lawyer even when you have a legal right to do so, you’re not alone. Overall, society’s trust in the police has been declining for several years. Having legal representation to protect your rights, stand up for you, and advocate for your best interests is crucial if you are being questioned or detained by police.
What Happens if You Decline a Police Request?
Refusing to comply with a police request could lead to various outcomes depending on the nature of the request. You are not required to do certain things, such as answer questions. However, if the officer has probable cause to arrest you, declining stops being a legal option.
Ask to speak to your lawyer before answering questions. Having your attorney present at the police station may prevent the negative consequences that arise from saying the wrong things. Contact the Law Office of Sheny Gutierrez to schedule a free consultation with our Santa Ana criminal defense attorney.