What Are You Required to Tell Police When Arrested in Pennsylvania?

Being arrested and dealing with the police is never simple or easy. The best way to protect yourself is to know your rights and how to invoke them. The police likely have a lot of questions for a criminal suspect, but there is certain information you do not have to divulge. On the other hand, some information must always be handed over to law enforcement.

People who are arrested for an alleged crime are usually taken to the police station for booking. The booking process involves taking detailed information about the suspect, including their name, possible aliases, address, and various biographical information. Information about your identity must be provided, and there might be consequences if you refuse or lie. Details about the alleged crime do not have to be divulged. In fact, you have the right to refuse to answer incriminating questions while in police custody. Even so, talk to an attorney about what you should do. While keeping quiet has advantages, so might cooperating with the police and telling them what you know.

For a free case evaluation from our Pennsylvania criminal defense lawyers, call Young, Marr, Mallis & Associates at (215) 372-8667.

What Information Must You Give to the Police After Being Arrested in Pennsylvania?

If you are arrested, the police will likely ask you questions about your identity. They need to determine who you are so they can record the arrest and properly document everything. They may ask you for basic details about yourself, such as your name, address, and contact information. They may also ask for other names or aliases you might use and other places you have lived. If you have an official ID, like a driver’s license or state-issued photo ID, they may ask to see it.

The police might also take your fingerprints. This is a routine part of the booking process, and fingerprints are archived for future reference or investigation purposes. You typically do not have a choice about being fingerprinted.

Withholding information the police need to identify you is not an option and may only lead to more trouble. Providing false information, like giving the police a fake name or someone else’s ID, may be a crime.

According to 18 Pa.C.S. § 4914, it is a crime to provide a police officer with false information about your identity if the officer is in uniform or has informed you that you are the subject of an official investigation for a criminal offense. Such a crime may be graded as a third-degree misdemeanor.

Information You Do Not Have to Tell the Police After You Are Arrested in Pennsylvania

After the police have completed the booking process and taken any necessary personal or biographical information from you, you may refuse to provide any further information about yourself or the alleged offense. Remember, anything you say can and will be used against you in a court of law. Depending on your situation, the less you say, the better. Our Philadelphia criminal defense lawyers can come to the police station and help you assert these rights.

Under the Fifth Amendment of the U.S. Constitution, all Americans are protected against forced or compelled self-incrimination. While the police may ask you incriminating questions, you have the right to refuse to answer. On top of that, your silence may not be used against you. For example, a prosecutor may not argue that an innocent person would have answered police questions, so your silence must mean you have something to hide.

This right applies in various circumstances involving the police. For example, if the police approach you on the street to ask about an alleged offense, you are free to walk away. This right is particularly important during custodial interrogations or police questioning that occurs after someone is arrested and in custody. In these circumstances, people are not free to leave, and their right to remain silent is extremely important.

Pros and Cons of Talking to the Police After Being Arrested in Pennsylvania

In many cases, the less you say to the police about an alleged offense, the harder it will be for them to stick you with criminal charges. However, this is not true in every case. For some, talking to the police might be a good way to clear their name and avoid legal penalties. Either way, call an attorney for help before saying anything to law enforcement.

Advantages

Sometimes, people are arrested due to a misunderstanding or case of mistaken identity. Maybe you had nothing to do with the alleged crime for which you were arrested. Maybe you have an ironclad alias that can help exonerate you. In such a case, talking to the police might be a good option, especially if you have a solid alibi. Once the police realize they have the wrong person, they are quick to release them.

Alternatively, if you speak to the police with the assistance of an attorney, you might be able to work out an agreement that protects you from criminal charges. Depending on your role in the alleged crime, the police and prosecutors might grant you immunity in exchange for information they can use to apprehend a bigger criminal. For example, the police might be willing to grant a small-time drug dealer immunity in exchange for information about a more dangerous leader of a drug ring.

Disadvantages

You should always be careful when giving information to the police. You never know how things will turn out. You might incriminate yourself in ways you did not realize were possible. This often happens because the police are not always forthcoming about information they already have regarding you and the alleged crime they are investigating. Sometimes, law enforcement knows much more than they let on.

The purpose of some questions is not always clear. What might feel like innocuous or unimportant information to you might be key evidence to the police. The police often lure suspects into a false sense of security, making them think the best way to protect themselves is to tell the police everything. Always remember that if you are arrested, the police are very unlikely to be on your side. If you do answer questions from the authorities, talk about it with your lawyer first.