QUESTION

What should I do if the police want to speak about fraud?

Asked on Oct 17th, 2011 on Criminal Law - New York
More details to this question:
Someone called to say he wants to meet at the police station to discuss a worker’s compensation fraud. I am currently unemployed and don’t know what he is talking about. What should I do?
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37 ANSWERS

Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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You should contact an attorney and have them represent you for this matter.
Answered on Jul 11th, 2013 at 9:23 PM

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Jacob P. Sartz
I'd recommend you retain a lawyer to assist you with this matter. What you say and do during a police investigation will be used against you if the case proceeds. You have a constitutional right to remain silent. You may end up incriminating yourself if you speak to them. I'd recommend you retain a lawyer.
Answered on Nov 07th, 2011 at 8:56 PM

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It is usually not a good idea to voluntarily talk to the police, but it may be that they are interested in your information not about yourself, but about someone else's possible fraud, like your prior employer or a co-worker. It is hard to give you advice on this without knowing all the facts. If you are innocent it may help you to clear things up but quite often people who speak to the police end up digging a hole for themselves.
Answered on Nov 02nd, 2011 at 3:15 PM

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Family Law Attorney serving New York, NY
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You should ask for an attorney to be present if you feel that there is anything that could possibly incriminate you at the meeting. But chances are they simply want to see if there is any information you may know that can help in prosecution of another case.
Answered on Oct 28th, 2011 at 1:06 PM

Seth D. Schraier, Esq. Law Office of Seth Schraier 3647 Broadway Suite 4G New York, New York 10031 Cell: (914) 907-8632 www.SchraierLaw.com

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Criminal Defense Attorney serving Portland, OR
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Do not speak to anyone in law enforcement unless you have gotten the advice of a criminal defense attorney first. Even if you are completely innocent and have nothing to hide, you should not interview with the police without representation.
Answered on Oct 26th, 2011 at 5:44 PM

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Michael J. Breczinski
Do not talk to the police. Get an attorney before you meet with them. You do not have to talk with them no matter what they say. They are just hoping you will come in and confess.
Answered on Oct 26th, 2011 at 3:37 PM

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Geoffrey MacLaren Yaryan
If you are suspected of committing a criminal violation do not talk to the police they only want to get evidence to use against you.
Answered on Oct 25th, 2011 at 2:00 PM

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Criminal Defense Attorney serving Pittsburgh, PA at Law Office of Jeffrey L. Pollock
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You have 3 options: a) Hire a lawyer to consult / accompany you; b) Politely decline; or c) Go tell them the truth if you truly have no involvement with such criminal activity.
Answered on Oct 25th, 2011 at 2:00 PM

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Civil Litigation Attorney serving Salisbury, MD at Adkins, Potts & Smethurst, L.L.P.
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Don't talk to him/her! You have the right to remain silent and should exercise it. Hire an attorney and have the law enforcement questions routed through them.
Answered on Oct 25th, 2011 at 1:37 PM

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Family Attorney serving Traverse City, MI at Craig W. Elhart, PC
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First, remember, anything you say to the police can and will be used against you in any crimimal matter. You don't have to talk to the police. You may want to determine if you are the subject of the criminal investigation. If you are, you should consider retaining and seeking the advise of a competent criminal defense attorney to assist you.
Answered on Oct 25th, 2011 at 1:22 PM

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Appellate Practice Attorney serving Clinton Township, MI at Thomas J. Tomko, Attorney at Law
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You should be aware that the purpose for questioning is to charge someone with a crime. You may be that person. Therefore, you should hire an attorney to respond to the police, and possibly not talk to them at all. To talk to them on your own could be a mistake which could result in giving statements that support a conviction.
Answered on Oct 25th, 2011 at 12:59 PM

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You should contact an attorney right away. If the police want to talk to you, you may be a suspect in a crime even if you haven't done anything wrong. If you are just a witness, an attorney may be able to negotiate an immunity agreement for you.
Answered on Oct 25th, 2011 at 12:55 PM

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Divorces Attorney serving Birmingham, AL
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You should not talk to the police without your lawyer present. Any information you provide can be used against you. The police have a duty to discover evidence not indemnify people.
Answered on Oct 25th, 2011 at 3:48 AM

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Drug Charges Attorney serving Houston, TX at Cynthia Henley
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Hire a lawyer to go with you. If you cannot hire one, go and listen but do not answer questions or volunteer information. You do not know how they will try to use the information against you.
Answered on Oct 25th, 2011 at 3:46 AM

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Do not fall for the trick. The purpose of interviewing you is to get incriminating statements from you. You should know that you have the right to remain silent. Exercise it. You should only speak about the case with a lawyer, and you should never speak to anyone unless your attorney is present.
Answered on Oct 25th, 2011 at 3:40 AM

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Criminal Law Attorney serving Los Angeles, CA
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You should refrain from making any statements to law enforcement without first consulting with a lawyer. Remember, most statements that you make to law enforcement are considered to be voluntary and may be used against you in court. Even though some law enforcement officers may speak to you in manner that leads you to believe that you are required to speak with them, you are not. Your first step in protecting your rights is to remain silent.
Answered on Oct 25th, 2011 at 3:37 AM

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Criminal Defense Attorney serving Montrose, NY at Law Office of Jared Altman
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You have two choices. First is to lawyer up right away. Say you want a lawyer present during all questioning. Or, on the phone tell him that you never made a claim for Workers Compensation and then immediately lawyer up. Don't let him trick you into talking or being interviewed.
Answered on Oct 25th, 2011 at 3:34 AM

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Insurance Defense Attorney serving Portland, OR at American Family Insurance Group
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Do not talk to police. They will be looking for you to say something that they can use against you. You should contact a lawyer. Generally, when we represent an investigated person, we don't let the cops speak with him. I call the investigating officer and explain that my client won't speak with police, and they are not to speak with him. However, I usually offer to let police speak with my client if, and only if, the officer provides me with his investigation notes. Officer's have refused to provide this information. Consequently, I have never let a client speak with the police. I have also yet to have a client charged with a crime in these cases. Significantly, this includes clients the cops told me could be arrested even without their statements. The bottom line is that cops lie, cops get it wrong, and cops aren't out to help you if they want to speak with you. Don't talk to them. Hire a lawyer to help protect you.
Answered on Oct 25th, 2011 at 3:02 AM

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James Albert Bordonaro
Fraud is a crime. Don't agree to answer any questions without an attorney. Since you are not going to be in formal custody, they haven't read you your Miranda rights to use the statements against you. Reply back to the police that you would welcome their questions but want it in writing. It is possible that this issue is about someone else who processed your claim but I doubt it.
Answered on Oct 25th, 2011 at 2:51 AM

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Criminal Law Attorney serving Los Angeles, CA at Law Office of Gabriel Dorman
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Your concerns are warranted. You should never go talk to the police without first consulting with and/or hiring a criminal attorney to represent you. It is unclear from your question whether you are being investigated for a crime or you are a potential witnesses. In any case, the prudent thing to do is protect yourself and hire an experienced criminal defense attorney. I hope this answer was helpful.
Answered on Oct 25th, 2011 at 2:40 AM

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I would first contact an attorney. I would not speak to the police without an attorney. If it is possible you have committed a crime the police will do everything they can to trip you up.
Answered on Oct 25th, 2011 at 2:29 AM

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Assault Attorney serving Richardson, TX
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You are not required to talk to anyone unless there is an order from a judge. There may be no harm if you were not involved and truly know nothing, but you do are not required to talk unless you want to.
Answered on Oct 25th, 2011 at 2:28 AM

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Criminal Law Attorney serving Lancaster, NH at Harden Law Office
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Politely decline to discuss anything. Do not talk or say anything other than 'I have nothing to say'.
Answered on Oct 25th, 2011 at 2:18 AM

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Do nothing. Do not go to the police. If they persist, get a lawyer and let the lawyer handle it.
Answered on Oct 25th, 2011 at 1:15 AM

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You have the right to have your attorney with you during any questioning by the police. If the police want to talk with you about your possible involvement in a crime you should only go in with your attorney. If you do not have an attorney you can wait for the police to arrest you and then tell them that you want your attorney present at all questioning and they cannot question you without the state providing an attorney.
Answered on Oct 25th, 2011 at 12:16 AM

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Drug Crimes Attorney serving Philadelphia, PA at Laguzzi Law, P.C.
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Do not go until and if you have hired and consulted with an experienced criminal defense attorney. You can call me for fees and initial help. If you do not have the fund to hire an attorney, wait until you are charged and then request the assistance of the Public Defender's Office. You can always give a statement later if your attorney advises you of same.
Answered on Oct 25th, 2011 at 12:13 AM

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Simon Brian Purnell
Before you talk to the police, always consult with a lawyer. Although you are unemployed, the expense up front will save you a great deal of irreparable grief down the road.
Answered on Oct 25th, 2011 at 12:11 AM

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Adoptions Attorney serving Lansing, MI at Austin Legal Services, PLC
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No one ever has to talk to the police. They may just want to talk to you not as a suspect but as a witness. However, you can elect not to speak with them or feel free to have an attorney present with you during questioning.
Answered on Oct 25th, 2011 at 12:10 AM

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Criminal Defense Attorney serving Roseville, CA at Chastaine | Jones
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Don't talk to the police until you consult with an attorney.
Answered on Oct 25th, 2011 at 12:05 AM

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Criminal Law Attorney serving Houston, TX
Partner at Thiessen Law Firm
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Absolutely not. Do not go meet him without a lawyer. Many times this is just a ploy by the police to arrest you. Hire an attorney and don't say a word unless your attorney is present.
Answered on Oct 24th, 2011 at 11:55 PM

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Daniel Kieth Martin
Do not meet with police without an attorney present. If cannot afford an attorney tell them you them to appoint a lawyer for you. I cannot stress this enough, do not speak with them without a lawyer present.
Answered on Oct 24th, 2011 at 11:54 PM

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General Practice Attorney serving Woburn, MA at AyerHoffman, LLP
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If the "someone" was a police officer, retain a defense attorney before speaking with the officer again. If the "someone" was a civilian, ignore them for now. If you have never made a workman's comp claim you have nothing to worry about.
Answered on Oct 24th, 2011 at 11:21 PM

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Criminal Defense Attorney serving Orange, CA at Law Office of Joe Dane
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Never, ever, ever talk to the police without first speaking to a criminal defense attorney especially if you don't know what it's about. You could be walking into a big trap and anything you say is only going to hurt you. Unless you are absolutely, 1,000% sure that you have absolutely no criminal liability, any statement can only work against you. Talk to a local criminal defense attorney first.
Answered on Oct 24th, 2011 at 11:20 PM

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Criminal Defense Attorney serving Westlake Village, CA
Partner at Roberts Law Group
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Do not speak with them at all. Get an attorney. If you go to police station you will be under extreme pressure and more than likely arrested.
Answered on Oct 24th, 2011 at 11:08 PM

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Appellate Attorney serving University Place, WA at Baner and Baner Law Firm
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Tread very carefully. As a blanket statement talking to the police is bad from a criminal defense attorney's standpoint.
Answered on Oct 24th, 2011 at 11:08 PM

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Bankruptcy Attorney serving Federal Way, WA at Freeborn Law Offices P.S.
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If you are being investigated, I advise you to speak with an attorney before you meet with investigators.
Answered on Oct 24th, 2011 at 11:06 PM

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Personal Injury Attorney serving New York, NY at Rothstein Law PLLC
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Get a lawyer. It sounds like you may get arrested when you go to the police station. Do not make any statements to the police without a lawyer.
Answered on Oct 24th, 2011 at 7:06 PM

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