What Happens After a Voluntary Police Interview: Complete Guide
One might be anxiety-riddled, after engaging in a voluntary conversation with law enforcement. What could happen next? Will there be any ramifications? Should there be any worry? Knowing what consequences could unfold from an investigatory stop is important in order to ease your mind and protect your rights.
When an individual has a voluntary police interview, sometimes referred to as a “walk-in” or “consensual conversation,” they are able to communicate with police without being in custody or formally being arrested. However, just due to the fact that the interactions are informal, that does not mean that there are no conversations that need to be held after the individual leaves the police station. What occurs after the police station interview is conditional on the seriousness of the allegations, the evidence that has been presented, and the status of the investigation. After going through this document, the reader will understand what events could unfold, and how one is expected to manage this time in their life.
What occurs after the Initial Police Interview?
A number of things happen after the interview is finished and the individual has left the police station. Police activities take precedence over the interview and the people are not even arrested. The law enforcement people in charge of the interview must create an official police report. This report must contain the statements of the people who were interviewed. Before deciding to lay out charges, the prosecutor assesses the evidence. This preliminary analysis dictates the trajectory of the case. This assessment can take anywhere from a few days to a few weeks, and during that time you will most likely not have anything to report to you. In many cases, these gaps can lead to a high level of frustration and anxiety, and we recognize that this is just a crucial part of the process.
At the same time, the police can continue investigating. This can include interviewing additional witnesses, analyzing primary evidence, or even collaboration with experts. Your voluntary cooperation in the process does not end the investigation — it just ends your segment in it.
Possible Outcomes of Voluntary Interview
No Further Action: This is the ideal scenario, in which case the investigators have decided there is not enough evidence to support charges. In this case the file is closed, and you will not hear from the police again. This most often occurs when your statement clears you or when you end up providing the police with a lack of evidence to warrant pursuing the allegations.
Investigation Continues: Police may decide that they wish to obtain more evidence to support their charge or evidence that would lead them to a legal decision. In that case you may receive calls and requests to obtain further information. This demonstrates that you are not out of the investigation, but this is also not out of the investigation.
Charging Document: Once the prosecutor assigns a case and the prosecutor and law enforcement office have full and formal control over the case, the prosecutor will soon address the issuance arrest warrant or summons. In some jurisdictions, if an attorney is retained, they will inform the attorney.
Plea Negotiation: In some instances, a prosecutor might bypass the defendant and speaks with the defendant’s attorney about a plea for the defendant to the counsel, and which represents an intermediate step regarding the defendant’s case, between a full prosecution of the defendant and a dismissal of the prosecution.
Your Protections and Rights
Most individuals do not know that in a voluntary interview, there are some protective rights that are still applicable. In a voluntary interview or conversation, you can leave the conversation at any time, and you can also remain silent. Furthermore, anything that you said can be used against you, and that is why there is a need to be precise or accurate.
Statements said in voluntary conversations can at times, if there are Miranda Rights which are not read, be used against you in court if the interview and subsequent conversations tend to be more impeaching or accusatory in nature. These nuances can make a significant difference with respect to your case.
What To Do While Waiting
On voluntary interviews of this nature, it is recommended that you do not contact or discuss matters with the interviewing officers. Additional comments and conversations are not of a benefit to the interviewing person, but to the officers and police officers. As soon as the interview is finished, write down as much as you can as soon as possible, as this information will still be fresh in your mind. You should aim to provide as much detail as possible regarding the interview, including the names of the officer(s), the questions that were asked, and what you replied to them. This can be used to protect you if this information is needed in the future.
Do not talk to anyone about your interview, other than your lawyer. This is especially true for relatives and friends, as it is possible that what you tell them might be used to your detriment if they overhear you and tell the authorities about your conversation.
When to Seek Advice from a Lawyer
If you have not yet spoken to a lawyer, this is the time when you should discuss the interview you have conducted with a lawyer. A good lawyer with experience working in criminal law is able to assess your situation, take a look at the relevant reports if they are available, and then tell you what you should do.
Your lawyer is able to contact the police or the lawyer for the other side in order to find out what stage the investigation is at. They act as a shield for you with the police while making sure to look out for your interests.
Reasonable Expectations Concerning the Timeline
The time that elapses between when you are interviewed voluntarily and when a decision will be made with respect to charges also varies in large degree. If the case is a simple one, it usually does not take much time. Investigations as a whole are likely to take a much longer time to get done.
FAQ Section
Can There Be an Arrest After a Voluntary Police Interview?
Yes, that is a possibility. After a voluntary interview, if the police have obtained sufficient evidence leading to a reasonable prosecution, the police can have an arrest warrant issued. This can happen several days, weeks, or months after the interview.
What If I Lie During One Of These Voluntary Police Interviews?
You will have certain legal problems. You could be charged additionally with something like giving a false statement or obstruction of justice, depending on the statement and the surrounding circumstances.
Should A Police Officer Be Contacted After Interviews Are Completed?
As a rule, the police should not be contacted. Contacting police should be avoided because it is an opportunity for the police to obtain evidence against the interviewee or to highlight disparities in the interviewee’s account of the earlier statements.
For How Long Do The Police Maintain Active Investigation Files?
Every jurisdiction has different time spans for investigations, depending on the details of the case. Time limits or statutes of limitations typically range in duration from a few months to several years, depending on the severity of the charged offense.
Can I Ask About the Status of the Investigation?
Your attorney may make this request to the police, but during an active investigation, the police have no legal obligation to provide status updates. After an arrest and the filing of charges, the process of discovery allows the accused to gain access to the evidence the prosecution has gathered.
What Happens If No Charges Are Filed?
When prosecutors choose not to file charges, the case is usually closed, and you are free to move on without criminal liability for that particular event, although the investigation document remains available for public access via the Freedom of Information Act.
Should I Continue Cooperating if Contacted Again?
Your attorney should be the first point of contact for additional contact. They can assess if additional cooperation would be beneficial, neutral, or detrimental to your immediate interests.
Conclusion
Walking out of a police station after a voluntary police interview can lead to a lot of unanswered questions. Having a basic grasp of the expected outcome and available options can ease some of the burden. While there are many unknowns, including evidence and the outcome of the investigation, you have the right to agency. You can document everything, safeguard your rights, and have a lawyer on retainer.
The most important point to remember is that the right after the voluntary interview is done, you should limit communication with police and speak with your attorney as much as possible. If you would like to limit the communication, or if you want to have full control over how this process is done, Reach out to a criminal defense lawyer of your choosing to ensure that you can articulate the process as you wish.
Did you complete a voluntary police interview? Post your questions and comments below to stay abreast of your rights and for continued education.
