If a homicide detective came into your home and asked questions and wanted you to go to the precinct for more questions, is it mandatory to go?

And is it against my rights if he said it was mandatory but had absolutely no paperwork.

Asked on November 4, 2011 under Criminal Law, Rhode Island

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Under no circumstances should you go to the precinct and speak with the police without having a lawyer present. You are under no obligation to go in and answer questions; no matter what this detective said.  You could unintentionally say something incriminating about yourself or someone else regarding the crime under investigation. The fact is that even if the police come to your home to question you, you do not need to speak with them. 

Questioning you without your having legal representation is to their sole benefit. The ploice will try to get you to implicate yourself. No matter how friendly they may appear ("There is just some minor background information that we need"), or conversely, no matter how intimidating they seem ("It would be in your best interests to speak with us"), do not do so without an attorney.   


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.