How Do I Know The Difference Between Being Questioned (Non-Custodial Interrogation) And Being Interrogated (Custodial Interrogation)?

Other Arrest Information FAQs

• Q: What Happens If I Am Arrested?
  A: After you have been arrested, there are certain timeframes and procedures that the prosecution and the court must follow.  Usually, the police will advise you of … More
• Q: What Is An Arrest Warrant?
  A: A warrant is a judge issued document that authorizes the police to conduct a search, a seizure, arrest someone or carry out a court-ordered judgment.
• Q: A Warrant Has Been Issued For My Arrest, What Does This Mean?
  A: If you have a warrant out for your arrest, this means a judge has issued an order allowing law enforcement to take you into custody.
• Q: Can I Be Arrested For The Sole Purpose Of Being Questioned On A Matter?
  A: No. The police can request that you accompany them to a police station for questioning but you are not required to go unless you have been arrested for an offense.
• Q: What Is A Custodial Interrogation Requiring A Miranda Warning?
  A: An interrogation is a method of police questioning that occurs when an individual is in custody and is not free to leave. In a police interrogation, the police ask … More
• Q: Do The Police Have To Wait Until I Have An Attorney Present Before They Question Me?
  A: No. It is legal for the police to question you without the presence of an attorney or warning you of your Miranda rights (notifying you of your rights to silence and … More
• Q: How Do I Know If I Am In Custody?
  A: Once your Miranda rights (“you have the right to an attorney, anything you say can and will be used against you, etc…”) have been read to you, you … More
• Q: Is Invoking My Right To Remain Silent The Same Thing As Asking For An Attorney?
  A: No.  A criminal suspect's Miranda rights include being told they have the right to remain silent and the right to an attorney.  However, these are two … More
• Q: I Was Pulled Over For A Traffic Violation And Questioned. Isnt This An Illegal Interrogation?
  A: Police questioning during a routine traffic stop is not usually considered to be an "illegal interrogation."  An illegal interrogation is when the … More
• Q: I Have Committed A Crime; Do I Have The Right To An Attorney?
  A: The sixth amendment of the United States Constitution gives all individuals who have been accused of a crime in a state court to have the court provide an attorney if … More