If I don’t go into the police and submit to questioning, can they threaten me with arrest?

Officer has called and stated he has no reason to arrest me but if I don’t come in to talk he will issue a warrant. What are my rights? Should I speak with a criminal law attorney? In Gainesville, FL.

Asked on October 2, 2010 under Criminal Law, Florida

Answers:

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

Answered 10 years ago | Contributor

The police will not issue a warrant if you don't speak to them; they will issue a warrant if they have evidence against you.  Right now they don't, thus you have not yet been arrested. Therefore, under no circumstances should you speak to the police without an attorney present.  You are under no legal obligation to do so.  You could unknowingly say something that would incriminate yourself regarding the crime.   

You need to be aware that questioning you without legal counsel is to their benefit. This is why they are trying to intimidate you.  Until you have an attorney, steer clear of the authorities.  In fact, at this point you should consult with an attorney ASAP. 


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