If I’m being investigatedand thepolice want to question me, should I go in to speak with them?

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If I’m being investigatedand thepolice want to question me, should I go in to speak with them?

A detective is investigating me and asked me to come in. If I don’t go, what happens next with the detective’s report? Does it then go to the DA or someone that will decide whether or not charges will be filed and whether or not I will be arrested? What should my next steps be? Should I go with an attorney present, have the attorney go, or just flat out not go?

Asked on July 19, 2011 Texas

Answers:

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

Answered 9 years ago | Contributor

Under no circumstances should you speak with the police without having an attorney present.  The fact is that you are under no obligation to go in and answer questions.  You could inadvertently say something incriminating about yourself or someone else regarding the crime under investigation.  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 counsel is to their benefit. They will try and get you to implicate yourself.  So 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 a lawyer.   

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

Answered 9 years ago | Contributor

Under no circumstances should you speak with the police without having an attorney present.  The fact is that you are under no obligation to go in and answer questions.  You could inadvertently say something incriminating about yourself or someone else regarding the crime under investigation.  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 counsel is to their benefit. They will try and get you to implicate yourself.  So 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 a lawyer.   


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