What should I do if police want to question me?

Question

I had an accident leaving a golf course, while answering my phone. I veered off the road and hit some decorative stone pretty hard, causing my truck to die and it would not restart. There was no damage except to the truck. I pushed the truck off of the road, left a note with my phone number and got a ride home. Someone saw me and called the police. The police called me and asked me to come back because they thought I had been drinking. I did not get the call until after I was at home, it was late, so I told them I hadn't done anything wrong and was going to bed. They impounded my car, and want to talk to me. What should I do?

Anthony Lowenstein · Answer

It depends on several factors.

Thomas Mueller · Answer

You did everything you are legally required to do. You have no legal obligation  to run down to the police station. You should be able to get your car back after  they do a quick inspection

Josh Thacker · Answer

Never talk to the police without talking to a lawyer first.  If you are arrested before talking to a lawyer, then my advice is simple: shut up until you have talked to a lawyer.  Mostly likely, the lawyer will tell you not to talk to the police at all. Lastly, the lawyer could talk to the police on your behalf and try to find out their intentions.

Eric Sterkenburg · Answer

Take an sttorney with you and talk to the police with your attorney.

Roianne Houlton Conner · Answer

You have the "right to remain silent"  use it.

Samuel H. Harrison · Answer

Politely tell them you do not want to talk to them, then hire a lawyer. Talking to them can only get you into more trouble, and you have no obligation to talk to them.

Stephen Freeborn · Answer

The charge you are looking at is "hit and run unattended/property damage". This is a misdemeanor, punishable by up to 90 days in jail and a $1,000.00 fine.  They are going to be able to pretty much pin you to this accident, especially if there was a witness.  The only thing I would advise is not to talk about alcohol consumption (if that is an issue) because they could try and enhance the charges.   You should consult with an attorney, especially if your car has been impounded.  You are eventually going to have to deal with these people.

Michael D. Fluke · Answer

Never speak with law enforcement prior to consulting with an attorney.  Rarely, if ever, do I let my clients speak with law enforcement.  The standard course would be to have the attorney speak for you.  Good luck.

Seth Bloom · Answer

You should consult with a criminal defense attorney in your local area to determine whether or not you may be facing criminal liability.  An attorney will be able to advise you as to your rights and should definitely be consulted before you speak to the police so that you avoid incriminating yourself.

Andrew Subin · Answer

Probably best for you to speak to a lawyer.  You have to get the car out of impound because the impound fees are mounting.  You could call them about getting the car bcck, but dont make any statements about the night in question.

Gregory Casale · Answer

Hire an attorney! Do not speak to police without consulting with an attorney first. They are not there to assist you. If they wanted to help you, they would leave you alone and do something else. They are only trying to contact you to obtain evidence and it is probably evidence against you that they are seeking.

Michael Palumbo · Answer

What should I do if police want to question me? Retain our office to represent you at the questioning, because you may or may not want to answer their questions.

Craig Elhart · Answer

I would seek the advise of a competent criminal defense attorney before doing anything.  The police want to gain information, evidence, that you did something wrong.

Jared Austin · Answer

You can always refuse to talk with the police if you feel uncomfortable. Nobody ever has to talk to the police. You can also have an attorney present with you if you like. Keep in mind that it is unlikely that your statement will prevent a warrant from being issued for your arrest if the police are so inclined.

Thomas Tomko · Answer

My best advice is to hire an attorney before doing anything further. An appropriate stategy can then be put into place based on the facts you describe. I would not suggest doing this on your own.  Too much is at stake when it comes to potential charges and penalties.

Thomas Baynton · Answer

Do not talk to the police. You should hire an attorney immediately. If you talk to the police you may make admissions which could lead to serious charges.

Christopher Jackson · Answer

You need to hire a lawyer to call the police for you. Remember anything you say can be used against you.

Jeff Yeh · Answer

Never speak to police without your attorney present at all times. Remember you have the right to remain silent, so don't fall for their trick.

Edward Blum · Answer

I always advise people to not talk to the police.  If you feel you have to talk to the police, hire a lawyer and take him with you.  I would immediately begin the administrative procedure to get your car out of impound.  The impound fees add up fast and can cost you a fortune.  Call me, I can help you with this.

Michael Maltby · Answer

Tell them you would be glad to talk to them and they just have to call your lawyer to set that up!

Jason Savela · Answer

Eventually, you will have to contact the police, at least to get your truck.  Since you left note, you did your duty.  But, police like to threaten people with additional charges etc if they do not talk.    I suggest having an attorney contact the police for you.  If you cannot afford this, call and listen, do not talk.  Tell the police that you do not want to answer any questions until you have an attorney.  Ask how to get your truck back.    They may want to meet you to give you a ticket or arrest you.  Make sure you are ready for that.  Get it over with.  An attorney can help with this process.  Do not talk to police or even tell them you were driving, who you were with, where you were coming from or going to.

Leonard Harden · Answer

Politely decline to answer any questions other than filling out an accident report.  Contact PD to set up a meeting to retrieve your truck.  In the report you provide indicate you were distracted and inadvertently went off the road.  You did not believe there was any damage to report and simply left your number and went home.

Michael Morgan · Answer

I would recommend you invoke your right to remain silent.

Timothy Klisz · Answer

Hire your lawyer first before any police involvement. You left the scene and failed to report a property damage accident, both crimes.

Jacob Braunstein · Answer

The safest course of action is to have an attorney present with you for any questioning, if you decide to consent to questioning.

Bruce H. Lehr · Answer

No matter how innocent you NEVER talk to police without an attorney present.

Jonathan Willett · Answer

Sounds like you will be charged with hit and run (even though you left a note).  I would not advise you to only talk to police if a lawyer, after talking to the officer himself, determines that it may help lower your charges to something like careless driving.  Usually, when you talk to police, you are just helping them build a better case against yourself.

Sean Walsh · Answer

Consult with an attorney and have the attorney fax a letter to the cops asserting your 5th and 6th Amendment rights.  I have done this numerous times for clients, and it is always best to consult with an attorney prior to speaking with the police.

Peter Castleberry · Answer

Do not, under any circumstances, speak to the police. The police may attempt to personally serve you with a criminal citation and complaint. If this occurs, do not talk to the police and immediately call a lawyer. If the police arrest you, do not say anything: exercise your constitutional right to remain silent and contact an attorney as soon as possible.

Jules N. Fiani · Answer

Hire a lawyer.

Eric Schurman · Answer

Do not speak to the police.  It would be wise to have an attorney speak  on your behalf and get your truck back.  Feel free to call me to  discuss further.

Gabriel Dorman · Answer

Immediately hire a criminal defense attorney to represent you. Nothing good can come from you actually speaking with the police at this point. Anything you say can and WILL be used against you if there is a criminal proceeding that comes out of this. However, an experienced criminal defense attorney can speak on your behalf and also help you avoid criminal charges if possible. You should act fast so your lawyer can try to get ahead of this. I hope this answer was helpful. Good luck.

Steven C. Bullock · Answer

Contact an attorney immediately and have him/her contact the police. Under   no circumstances do you contact the police or even worse ..provide them  (the  police) a statement.  The police cannot hold your car ransom either.    Good luck!-

Thomas Ogas · Answer

What benefit is it to you to speak to them?  Think about it.  The only time it makes sense to make a statement is when that statement will result in the police dropping a case, or looking at a new suspect.  And you need to be fairly sure of that result before you make the statement.  You need to consult a lawyer and tell them exactly what happened.  The lawyer can then tell you if you should talk to the police or not.  But as a general rule, when in doubt, dont give a statement to the police.

Terry Nelson · Answer

What can you do?  Hire an attorney, unless you know how to effectively represent yourself in court against a professional prosecutor intending to convict you on hit and run.    No amount of free 'tips and hints' from here or anywhere else are going to effectively help you in your defense, other than the advice to exercise the 5th Amendment right to SHUT UP and do NOT talk to ANYONE about the case except an attorney.  That includes on this or any other web site or public forum.  Most police and prosecutors will happily tell you that 95% of people convict themselves by trying to be 'helpful and cooperative', either during initial contact, questioning, interview or interrogation.

Michael Nichols · Answer

do NOT answer the questions. Politely decline. Seek counsel from a qualified lawyer immediately.

Susan Correia-Champa · Answer

I would speak to an attorney.

Michael J. Breczinski · Answer

Do not talk to them.They just want you to admit that you were driving and they will charge you with at least leaving the scene of an accident.Get an attorney. They can't keep your car forever.

Cynthia Henley · Answer

I would not talk with them if I were you. I would hire a lawyer to represent me. You have no obligation to answer any questions they pose but you will feel much pressure to answer them if you are in their presence.  It is possible that you did cause some damage and they will want to charge you with failure to stop and give information.  They cannot charge you with DWI at this point because there is no evidence.

Jared Altman · Answer

Tell them you want a lawyer and if they still want to talk to you with your lawyer present then you can either politely decline or hire an attorney.

Matthew Leyba · Answer

Don't talk with the police.

Eric Rothstein · Answer

Retain an attorney. It would not be possible for the police to show you were intoxicated at the time of the accident (unless the person who gave you a read said you appeared to be) so be sure not to make any admissions. In fact, you should invoke your right to remain silent.   The police likely can't prove you were intoxicated and you left your contact information. Vehicle and Traffic Law technically requires that you provide more information than you left but it would be hard to imagine being arrested for it unless the cops want to stick it to you and I don't think the DA would like the case.  The key to me is to retain an attorney to speak to the police and see where they are heading.  The above is for informational purposes only and not meant as legal advice.

Dennis Roberts · Answer

Since there is no way to establish that you were or were not drinking it should not be a problem. I would not say I was answering my phone (illegal while driving) but that something distracted you.  That should be the end of it.

Kevin O'Grady · Answer

If the police suspect you of a crime, you do not have to speak to them. Invoke your rights and hire an attorney to represent you quickly.

Find a Lawyer

Ask a Lawyer

Read Legal Articles

Ask a Lawyer

Read Legal Articles

What should I do if police want to question me?

44 ANSWERS

Find Local Criminal Law Lawyers

Helpful Resources

Ask a Lawyer