Your Legal Rights During Police Questioning in South Carolina

Being called in for questioning by the police or finding yourself in a custodial interrogation can be incredibly intimidating. Even if you believe you have done nothing wrong, the pressure of facing trained investigators can easily lead to mistakes that harm your case. It’s important to know that you have rights during a police interrogation — and that exercising those rights is imperative to protect yourself.

If you are facing police questioning or have been charged with a crime, contacting our skilled criminal defense lawyers in Spartanburg, SC, is one of the most important steps you can take.

The Right to Remain Silent

One of the most important rights you have during a police interrogation is the right to remain silent. Under the Fifth Amendment of the U.S. Constitution, you are protected from self-incrimination. This means you do not have to answer questions that could be used against you in a criminal case.

Police officers must inform you of this right through what is commonly known as your Miranda rights. Once you are in custody and subject to interrogation, they must tell you that you have the right to remain silent and that anything you say can and will be used against you. Exercising this right is not an admission of guilt — it is a wise and legally protected choice to prevent misunderstandings, misstatements, or coerced confessions.

The Right to an Attorney

Along with the right to remain silent, you also have the right to an attorney. You can (and should) clearly state that you want a lawyer before answering any questions. Once you request an attorney, police must stop the interrogation until your attorney is present.

This protection is critical because having legal counsel during questioning ensures that your rights are upheld, that you don’t accidentally say something that could harm your defense, and that you are not subjected to coercive or illegal tactics. A Spartanburg criminal defense attorney can advise you, represent you during interrogation, and intervene if law enforcement crosses any legal lines.

You Are Not Required to Prove Your Innocence

Another critical point to remember is that during a police interrogation, you are not required to prove your innocence. In the American legal system, you are presumed innocent until proven guilty. The burden of proof lies with the prosecution, not with you.

Police officers may imply that cooperating fully or “telling your side of the story” will help you, but this is often a tactic to obtain statements that can later be used against you. Politely but firmly invoking your right to remain silent and your right to counsel is the safest course of action.

What Happens if Police Violate Your Rights?

If law enforcement officers violate your rights during an interrogation — for example, by continuing to question you after you invoke your right to an attorney or by failing to read you your Miranda rights — any statements or evidence obtained may be suppressed.

This means that your Spartanburg criminal defense lawyer can request that the court exclude this evidence from being used against you at trial. Protecting these constitutional rights can be a critical factor in the outcome of your case.

Contact Our Skilled Criminal Defense Attorney Today

If you face police interrogation or criminal charges in Spartanburg, you need strong legal representation immediately. Police officers are trained to gather evidence that strengthens their case, not to protect your interests. Trying to navigate an interrogation alone can have devastating consequences for your defense.

At Parker & Bain, our defense lawyers protect the rights of individuals facing criminal investigations and charges. We understand the stakes and are ready to fight to ensure you are treated fairly and justly at every stage of the legal process.

Contact our law firm online or call 864-252-2650 for a confidential consultation. Let us help you protect your rights, freedom, and future.