Criminal Law

questions & answers

Question: If I'm already going to court for a case , can police stop me and harass me and ask me questions to that case? Is that grounds for a dismissal?

Answer: In general, it is lawful for a police officer to approach a person and ask a few questions as long as the questioning is done in a manner where the person would feel free to disregard the police and go about his own business. Police officers do not have to have any reason to do so as long as the interaction is voluntary – again, meaning that the person understands that he is free to leave and not answer the questions. If you have been charged with a crime (case pending in court), and you are represented by a lawyer, police generally cannot ask you questions about that case. If police ask you questions about the pending case, you should discuss that with your lawyer. However, it is permissible for police to ask you questions about other conduct that has nothing to do with the charged case, provided it is in a voluntary setting as discussed above. Police misconduct can be the basis for dismissal of a case, but a judge would have to consider numerous factors to make that decision. Additionally, there are other penalties a judge could impose short of dismissal – i.e., not letting the government use certain evidence against you.