Does an alleged suspect have the right to discuss the allegations and give a statement?

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Does an alleged suspect have the right to discuss the allegations and give a statement?

There are 2 sides to every story, sometimes more then that. I’m wondering if officers can decide not to question a suspect or allow a statement to be made for the record. I know Miranda states that a suspect has all these rights and should be able to invoke those if so chosen to do so. But my question is whether when a suspect is called to set up for an interview the suspect mentions invoking right to bring counsel to this meeting as is stated the suspect has the right to this protection. Is it legal for an officer to decide not to interview or allow a statement of a suspect?

Asked on July 30, 2012 under Criminal Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country as well as federal law, if a suspect elects to invoke his or her rights per the Miranda decision not to discuss a criminal matter with law enforcement, the officer who receives such a disclosure is required under the law to respect the person's rights under the 5th Amendment of the United States Constitution.

There is nothing illegal for the officer to not interview or allow a statement of a suspect in such a scenario.


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